Key Benefits:
Minister of Labour, Employment and Health,
Vu le Social Security Codearticles L. 641-5 and D. 641-5;
Vu le Decree No. 67-1169 of 22 December 1967 modified for the supplementary old-age insurance plan for general insurance officers;
Having regard to the amended decision of 22 December 1967 approving the statutes of the supplementary old-age insurance plan for general insurance officers;
Having regard to the advice of the Board of Directors of the National Pension Insurance Fund for Professionals of 23 June 2011,
Stop it!
Approved, as annexed to this Order, the statutes of the supplementary old-age insurance plan of the Professional section of the General Insurance Officers.
The provisions of this Order come into force on 1 July 2011.
The amended Order of December 22, 1967 approving the statutes of the supplementary old-age insurance plan for general insurance officers is repealed.
The Director of Social Security 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
STATUS OF THE
COMPLETED VIEWS OF ASSURANCE
Article 1
Subject and members
The supplementary old-age insurance plan for general insurance agents, established in accordance with provisions of Article L. 644-1 of the Social Security Code by the Decree No. 67-1169 of 22 December 1967the purpose of the payment of supplementary pension benefits.
Obligatoryly affiliated and contributing to the plan and referred to as adherents to natural persons whose activity:
1. Revocation of the status of the general insurance agent profession, defined by:
― Decrees No. 49-317 of 5 March 1949 concerning fire, accidents and miscellaneous hazards and No. 50-1608 of 28 December 1950 concerning the life branch, as amended by the Decree No. 66-771 of 11 October 1966 for mandates issued before 1 January 1997;
―Article 1 of Decree No. 96-902 of 15 October 1996in respect of all branches for mandates issued as of 1 January 1997.
2. Is exercised:
as a Liberal,
― or within a capital corporation as:
― a majority manager or member of a majority management college of limited liability corporation;
―a partner managing limited partnership by share;
― a partner with the 11°, 12° and 23° of Article L. 311-3 of the Social Security Code ;
― or as an individual contractor with limited liability.
The collaborating spouse and associated spouse, referred to in theArticle L. 121-4 of the Commercial Code, of the member referred to in 1 and 2 of this section is a mandatory member of the supplementary old age insurance plan of the General Insurance Officers, pursuant to Act No. 2005-882 of 2 August 2005 for small and medium-sized enterprises.
Collaborative spouses are recognized only if the spouse of the member referred to in 1 and 2 of this section meets the conditions set out in the Decree No. 2006-966 of 1 August 2006.
A member who ceases to meet the conditions set out in this section shall not, in any case, maintain his or her affiliation with the supplementary old-age insurance plan for general insurance officers.
Article 2
Administration of the plan
supplementary old-age insurance
The supplementary old-age insurance plan is administered by a board of directors in accordance with the terms set out in the General Regulations of the Professional Section of General Insurance Agents.
The operations of this plan are the subject of separate accounts from those of the basic old-age insurance and disability-related insurance plans.
Article 3
Assessment plate
The contribution plate is the one mentioned at theArticle 2 of Decree No. 67-1169 of 22 December 1967 amended.
Article 4
Contribution rate
The right-generating contribution, payable under each fiscal year, is equal to the rate referred to in the first paragraph of Article 2 of Decree No. 67-1169 of 22 December 1967 amended to the amount of the plate defined in Article 3 of these Regulations.
The contribution is affected by the call rate at the third paragraph of Article 2 of Decree No. 67-1169 of 22 December 1967 amended.
Article 5
Contributor spouse
The contribution of the employee spouse is calculated in accordance with provisions of Article 2 bis of Decree No. 67-1169 of 22 December 1967 amended.
The choice for the calculation of the employee's contribution applies for the first time to the contributions due for the affiliate year and the next two calendar years. Unless otherwise requested by the co-working spouse made in writing no later than one month before the end of the last year under review, the co-working spouse shall be reappointed for a period of three years, subject to the same conditions.
In the event of delisting, the delisting exercise's contribution is due entirely until December 31 of the delisting year.
The employee's contribution is portable and payable in full within two months of the issuance of the appeal.
However, the collaborating spouse may opt for the payment of his/her contribution by monthly deposits, from an account opened to his/her name or to that of the general insurance agent with the agreement of the general insurance agent.
The monthly payment method is renewed each year by tacit renewal, unless expressly stated in writing by the collaborating spouse before November 1 of each year for the contributions of the following year.
The non-payment of a deposit entails the deletion of the automatic debit procedure and the balance due shall be immediately due within the time limits set out in this article.
The costs incurred by the collaborating spouse to pay their contributions are borne by the employee.
The non-payment of contributions within the time limits set out in this section entails the application of delay increases under the conditions set out in Article 7 of these Regulations.
The arrears that have not been paid within five years of the due date are not considered for the calculation of the pension benefit provided by this plan.
Article 6
Method of payment of the contribution
General Insurance Officer
The General Insurance Officer's contribution is portable and paid as follows:
– in the first quarter, and no later than March 31, shall be paid a deposit equal to 50% of the contribution calculated on the gross commissions and remuneration received by the General Insurance Officer in the last calendar year;
– the balance, which is the difference between the actual contribution due for the current year and the deposit paid, must be paid in the third quarter and no later than September 30.
The contribution may be paid by debits made by the mandante companies, as defined by the credit union. The contribution must then be sold on November 30th.
The splitting does not affect the requirement for the full year's assessment and the General Insurance Officer's fee account is credited to the corresponding pension points only when the contribution is permanently terminated within the maximum period of five years after the date of its payable.
The costs incurred by the general insurance agent to pay its premiums are at his or her expense.
In the event of termination of the general insurance activity, the assessment for the calendar year of termination is payable in full until December 31 of the year of termination.
Article 7
Delays
The non-payment of the contribution or of each fraction of the contribution, in accordance with the terms and conditions set out in these Regulations, results in the loss of the fractional payment and the immediate requirement of the totality of the contribution and the application of a 5% increase on the remaining contributions due.
This increase is increased by 1.2% per quarter elapsed after the expiry of a three-month period from the due date or fraction of the contribution.
Article 8
Appeal
Members may make an amicable request for a reduction or deletion of any majorations incurred under the previous article if they establish that they have not paid their assessed contributions for the due date, because of a force majeure case or if they justify their good faith.
This application is admissible only after payment of the totality of the contribution that resulted in the application of the said increases.
The Board of Directors shall give delegation to the Commission de recours amiable de la caisse to decide on this application. This delegation may be given, within the limits set by the Board of Directors, to the Director with subdelegations.
Execution suspensions may also be granted by the Director, with subdelegations.
Article 9
Optional end-of-career contribution
When a member ceases to serve, he or she has the ability to pay, in addition to the normal contribution of the fiscal year, an additional end-of-career contribution.
This assessment shall be calculated on the basis of the time elapsed between January 1, prior to the date of termination and that date, applied to the amount of the normal contribution of the current fiscal year and shall result in the registration of the member's account of the same fraction of the number of points that the member acquired under the same fiscal year.
Article 10
Acquisition of retirement points
The payment of the contribution will result in the registration of a number of P points in the membership's fee account, given by the formula:
P = CA/CR in which:
CA means the amount of the fee-generating contribution as defined in section 4;
― CR means the value of the reference coefficient, i.e. the purchase price of the supplementary pension point, set annually by the board of directors.
The number of points obtained by application of the above formula is rounded to the nearest integer.
The arrears that have not been paid within five years of the due date are not considered for the calculation of the pension benefit provided by this plan.
Article 11
Exemptions of contributions. Incapacity
for more than six months and pension points
A recognized general insurance officer who has attained the inability to exercise the profession of a general insurance agent for more than six months, according to the procedure defined by the statutes of the National Insurance Fund of Professionals, may apply for an exemption of 100%, 75%, 50% or 25% of the contribution of the corresponding fiscal year.
Requests for exemption, supported by medical justifications, must be made by registered letter with a request for notice of receipt, in the first quarter and no later than March 31 of the calendar year following the request for exemption.
The exemption decision is only valid for the annual fee that was the subject of the application.
When a general insurance officer obtains the benefit of the exemption provided for in the first paragraph, his or her pension entitlement account is credited only to pension points corresponding to the fractions of contributions actually paid.
The provisions referred to in this article shall not apply to spouses affiliated with this plan.
Article 12
Total or partial occupational disability
and free designation of pension points
A member who ceases to be paid work of any kind and who receives a total or partial occupational disability pension provided by the General Insurance Disability Insurance Plan is entitled to a validation of pension points under this plan under the conditions provided for by the General Insurance Disability Insurance Plan Regulations.
Article 13
Conditions for the opening of supplementary pension rights
The supplementary pension is liquidated upon express request in writing by the member under the following cumulative conditions:
(a) Have ceased any activity referred to in Article 1 conferring the quality of membership of the plan and sent to the caisse all supporting documents attesting to this termination of activity;
(b) To be up-to-date of its contributions, including delay increases, in this plan.
The non-to-date member of his or her contributions to this plan at the time of the winding-up of his or her supplementary pension may, at his or her express request in writing, receive a supplementary pension calculated and awarded pro rata from the contributions actually paid by the latter.
This winding-up does not put an end to the exigibility and recovery of the remaining mandatory contributions due by the member.
The payment of these contributions cannot result in the revision of the pension when it has already been liquidated.
Article 14
Cumul emploi-retraite
The provisions of section 13, that the liquidation of the retirement pension is subject to the termination of the activity referred to in the article of these Regulations, do not constitute an obstacle to the exercise of an activity that provides income less than the threshold provided for in the second paragraph of Article L. 643-6 of the Social Security Code.
When the insured person is subject to a suspension of his pension in the basic plan under the second and third paragraphs of Article L. 643-6 of the Social Security Code, the pension service of the supplementary old-age pension plan is suspended for the same period.
When the insured person has not liquidated his basic plan pension, his pension is suspended from the supplementary plan in the event of an activity recovery.
By derogation from the previous three paragraphs, and provided that the insured person has liquidated his or her personal old-age pensions with all legal or legally binding, basic and complementary, French and foreign plans, as well as from the regimes of the international organizations that he or she has noted, the old-age pension of the supplementary plan may be fully accumulated with a professional activity:
(a) From age to age 1° of Article L. 351-8 of the Social Security Code ;
(b) From the age provided for in section L. 161-17-2, where the insured person justifies an insurance period and equivalent periods referred to in the second paragraph of section L. 351-1 at least equal to the limit referred to in the same paragraph.
Contributions calculated as part of the cumulative employment-retirement are mandatory but do not open any additional fees.
Article 15
Full-rate supplementary pension liquidation
Subject to compliance with the conditions referred to in Article 13 of these Regulations, the supplementary pension shall be paid at full rate to any member who reaches the age prescribed atArticle L. 161-17-2 of the Social Security Code increased by five years.
The supplementary pension is liquidated at full rate without application of a lowering coefficient at the earliest of the age provided atArticle L. 161-17-2 of the Social Security Code :
(a) For recognized members who have been unable to work by the incapacity commission in accordance with the procedure provided for by the statutes of the National Insurance Fund for the Age of Professionals;
(b) For former deportees and internees, holders of the deported or interned card of the Resistance, or of the deported or politically interned card;
(c) For people, former prisoners of war and former combatants, Decree No. 74-436 of 15 May 1974, at the ages and duration of captivity or services established by the said decree for old-age allowance schemes.
(d) For large disabled persons referred to in articles L. 36 and L. 37 of the Code of Military Disability Pensions and War Victims.
(e) For registered members with a professional disability of a rate greater than or equal to 66% by the General Insurance Plan established by the General Insurance Plan Decree No. 2003-1273 of 26 December 2003.
Article 16
Liquidation of supplementary pension
with coefficient of extension or minoration
A 5% increase in the number of pension points acquired on the member's account is applied for each deferred full year beyond the age mentioned in section 15 of these Regulations, within the maximum limit of 25%.
Subject to compliance with the conditions referred to in section 13, the supplementary pension may be terminated as soon as possible from the age specified inArticle L. 161-17-2 of the Social Security Code with application of a lowering coefficient to the number of pension points acquired on the member's account.
The lowering factor mentioned in the preceding paragraph is:
― 5% when the liquidation of the supplementary pension occurs within twelve months of the age required for a full-rate supplementary pension.
10% where the liquidation of the supplementary pension occurs between the 13th and 24th months prior to the age required for a full-rate supplementary pension.
– 15% when the liquidation of the supplementary pension occurs between the 25th and 36th months prior to the age required for a full-rate supplementary pension.
20% where the liquidation of the supplementary pension occurs between the 37th and 48th months prior to the age required for a full-rate supplementary pension.
25% when the liquidation of the supplementary pension occurs between the 49th and 60th months before the age required for a full-rate supplementary pension.
Article 17
Complementary pension calculation
The amount of the supplementary pension is equal to the proceeds of the number of pension points acquired by the service value of the pension point in force in this plan.
If the member is granted an increase or a reduction in his or her supplementary pension under the conditions referred to in section 16 of the present statutes, the increases provided for in sections 18 and 19 of the present Regulations shall be calculated on the basis of the account of rights increased or lessened by the member.
The liquidated supplementary pension is not subject to review as long as the time limit for litigation set by theArticle R. 142-1 of the Social Security Code expired.
Article 18
Majoration for children
The number of pension points acquired in this plan is increased by 10% for the benefit of the member having had at least three children (legitimate, natural, adopted, pupils of the nation whose insured is guardian, collected).
Death-born children are taken into account in the allocation of this increase.
Children who have been raised by the member are also considered to be entitled to majoration for at least nine years before their sixteenth birthday.
The award of this increase is subject to the production of the supporting documents requested by the caisse.
Article 19
Majoration for disabled children
The number of pension points acquired in this plan is increased by 5% for the benefit of the member who, at the date of application for the liquidation of his or her supplementary pension, declares to his or her dependant a child entitled under the terms of the first and second paragraphs of Article L. 541-1 of the Social Security Code, the education allowance of the disabled child and its supplement or, in place of the disabled child, the compensation benefit provided for in Article L. 245-1 of the Code of Social Action and Families.
The increase applies to each child meeting the conditions set out in the first paragraph of this section.
The award of this increase is subject to the production of the supporting documents requested by the caisse, including those relating to the obtaining of the above-mentioned allocations.
Rule 20
Effective date and payment
supplementary pension
The effective date of the supplementary pension is set, at the earliest, on the first day of the calendar quarter following the written request of the member and on the condition that he has forwarded to the credit union all supporting documents within three months of his application. If not, this effect date may be modified by the body.
The supplementary pension is paid quarterly, to term expired and to the day of death.
Rulings relating to the quarter in which the member's death occurs are paid to his or her undivided surviving spouse under a final judgment or judgment or, if not, in the hands of the notary responsible for the settlement of the estate.
The liquidation of the supplementary pension cannot, in any case, be preceded by the date of receipt of the applicant's application and whatever the cause of the delay in filing the latter.
Article 21
Single supplementary retirement capital
When, at the end of the business, a member holds less than 1,500 pension points in this plan, the pension fund shall, in one time, pay a capital equal to eighteen times the annual supplementary pension amount corresponding to the number of pension points acquired in this plan.
This one-time and one-time payment shall be made, upon express request of the member in writing, at the earliest when he or she reaches the age required to obtain a full-rate supplementary pension under this plan and subject to the conditions set out in section 13 of these Regulations.
In the event of a member's death of less than 1500 points of pension in this plan, before the age required for a full-rate supplementary pension in this plan, the credit union shall pay to his non-separate surviving spouse under a judgment or a final judgment, the capital referred to in the first paragraph of this section in a single time and without application of the coefficient referred to in section 23 of these Regulations.
This one-time and one-time payment shall be made, upon written request from the surviving spouse, at the earliest time when the surviving spouse reaches the age required to obtain a reversion pension in this plan.
In the absence of a non-separate surviving spouse under a final judgment or judgment, the credit union shall pay this amount in one time in the hands of the notary responsible for the settlement of the estate.
The service value of the deduction point for the calculation of the capital referred to in this section is that in effect in this plan on the date of receipt of the application for payment.
Article 22
Reversion pension recipients
Upon the death of a member who has at least 1,500 pension points in this plan, his or her surviving spouse is entitled to a reversion pension if he or she meets the following conditions:
- be at least 65 years old;
– be married for at least two years at the time of the death of the member or at least one child, born or unborn, from their union.
When only the year of marriage is known, the presumed date of marriage is December 31 of the year.
The divorced spouse is assimilated to a surviving spouse.
When, at the time of death, the member remains liable for contributions to this plan as well as any delay increases, the reversion pension may, at the express and written request of the beneficiary, be calculated and prorated on the basis of actual contributions paid by the deceased member.
This liquidation does not put an end to the exigibility and recovery by means of litigation or amicable means by lawful persons or the succession of mandatory contributions due by the deceased member.
The payment of these contributions cannot result in the revision of the reversion pension when it has already been liquidated.
When a member, who has a supplementary pension, has disappeared from his home and more than one year has elapsed without seeking the termination of that benefit, his or her spouse may obtain, on a provisional basis, the liquidation of rights that would have been recognized to him in the event of the death of the member.
When a member, who has not yet completed a supplementary pension, has disappeared from his home for more than a year, his or her spouse may also obtain, on a provisional basis, the liquidation of his or her rights in the event of death of the member.
The provisional liquidation of the spouse's rights becomes final when the death is officially established or when the absence has been declared by judgment passed in force of evidence.
The date on which the reversion pension is granted is then fixed on the first day of the month following the day on which the member has disappeared if the application is filed within one year of the twelve-month period since the disappearance or on the first day of the month following the date of receipt of the application if the application is filed after the expiry of that one-year period.
The one-year period set out above shall be from the first unpaid maturity when the disappeared person had a supplementary pension, or, if not, from the day of the disappearance to the police authorities.
The spouse ' s pension application is supported by police records and other documents relating to the circumstances of the disappearance.
In the event of a reappearance of the member, the pension that is temporarily liquidated for the benefit of the spouse is cancelled from the date of his or her entry into enjoyment and the arrears collected must be returned to the credit union within the limits of the applicable prescription rules.
Article 23
Reversion pension
The deceased member's surviving spouse is entitled, if he meets the conditions referred to in section 22, to a reversion pension calculated on sixty percent (60 percent) of the pension points acquired by the deceased member under this plan.
The amount of the reversion pension is not lessened by the lowering factor that may have been applied, if any, during the advance liquidation of the deceased member's pension entitlements.
The amount of the reversion pension benefits from the extension factor that may have been applied, if any, during the liquidation of the deceased member's pension rights beyond the age required for a full-rate supplementary pension in this plan.
Reversion pension(s) of the surviving spouse(s) cannot be overall greater than the supplementary pension received by the member at the time of death.
The liquidated reversion pension is not subject to review as long as the time limit for litigation set by theArticle R. 142-1 of the Social Security Code expired.
Article 24
Effective date of the reversion pension
In the event of the death of the member holding a supplementary pension, the reversion pension shall take effect on the first day of the calendar quarter following the death of the member if the application is filed within one year of the death.
If the application is filed after the expiration of the one-year period referred to in the preceding paragraph, the reversion pension shall take effect on the first day of the month following the date of receipt of the application.
If the member did not hold a supplementary pension, the reversion pension will take effect on the first day of the calendar quarter in which the member's death occurs if the application is filed within one year of the death.
If the application is filed after the expiration of the one-year period referred to in the preceding paragraph, the reversion pension shall take effect on the first day of the month following the date of receipt of the application.
In all cases, the beneficiary of the reversion pension must, within three months of the application, address all supporting documents requested by the credit union. Otherwise, the effective date of the reversion pension may be changed by the credit union.
The winding-up of the reversion pension cannot, in any case, be preceded by the date of receipt of the recipient's request and whatever the cause of the delay in the filing of the reversion pension.
The reversion pension is paid quarterly, to term expired and to the day of death.
Rule 25
Distribution of rights between former spouses
When, at the death of the member, there is a surviving spouse and one or more divorced spouses who meet the conditions for the opening of the reversion pension rights referred to in Article 22 of these Regulations, the reversion pension, calculated in accordance with the provisions of Article 23 of these Regulations, is shared between the surviving spouse and the spouse(s) divorced on the prorated basis of the respective marriage period. This duration, determined from date to date, is rounded to the number of months below.
This sharing is effected upon the liquidation of the rights of the first of them upon request.
Upon the death of one of the beneficiaries, his share increases that of the other or, where appropriate, others.
Rule 26
Parameters of the supplementary old-age insurance plan
The values of the reference coefficient and the retirement point are set annually by the Board of Directors, with effect on the date provided for inArticle L. 161-23-1 of the Social Security Code, based on the annual pension revalorization coefficient established under the conditions specified inArticle L. 161-23-1 of the Social Security Code and the coefficient of evolution of the contribution base of this plan.
Rule 27
Social action
The Board of Directors shall credit the Social Action Account with a debit that is set each year, within 1% of the contractual contributions for that fiscal year.
Done on 23 June 2011.
For the Minister and by delegation:
The Director of Social Security,
D. Libault
