Key Benefits:
Publics concerned: Civil aviation personnel.
Subject: Supplementary Retirement Plan for Civil Aviation Staff.
Effective January 1, 2012.
Notice: This Order implements the reform of the supplementary pension plan for civil aviation personnel on the basis of the preconizations of the July 28, 2011 report of Mr.Raphaël Hadas-Lebel, President of the Pension Orientation Council.
It aims by various progressive measures to ensure the financial sustainability of this long-term regime, while preserving a satisfactory level of professional and intergenerational solidarity. In particular, it amends the conditions for the opening of an undetected retirement pension by strengthening the age and duration of the contribution and increasing the appeal rate on the basis of procedures taking into account the financial outlook of this supplementary plan. To this end, it modernizes the rules governing the regime.
The Order also aims to strengthen the incentive mechanisms for the extension of the activity and provides for the maintenance of the pension increase up to the legal age for the opening of pension rights. Several other provisions are updated on this occasion.
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 Ecology, Sustainable Development, Transport and Housing, the Minister of Labour, Employment and Health and the Minister of Budget, Public Accounts and State Reform, spokesperson for the Government,
Vu le Civil code ;
Considering the Civil Aviation Code;
Vu le Social Security Code ;
Considering the transport code, including articles L. 6527-2, L. 6527-5 and L. 6527-8;
Vu le Labour code ;
Vu la Act No. 99-641 of 27 July 1999 creating universal disease coverage;
The State Council (Social Section) heard,
Decrete:
Article R. 426-5 of the Civil Aviation Code is amended as follows:
1° Au a, the words "defined in the e of this article" are replaced by the words "defined in R. 426-16-1-1. » ;
2° The b is supplemented by two paragraphs:
"As of January 1, 2012, the corrected salary change index is obtained by revalorating the 2011 annual pension revalorization rate applied to July 1, 2011, pursuant to section R. 426-16-2, increased by 25%.
As of January 1, 2013, the corrected index of change in wages is obtained by revaloring the one applied the previous year of the percentage of variation between the index of non-smoking consumer prices, whole France, published by the National Institute of Statistics and Economic Studies related to November of the penultimate year and the same index for November of the previous year. » ;
3° The d is replaced by the following:
"(d) Indexed average salary increased.
When the affiliate brings together more than twenty-five annuities in a costly manner, it is taken into account, in part, for the purposes of calculating the pension, additional periods that have been validated:
- as expensive;
- free of charge for military services referred to in (f) of Article R. 426-13 for affiliates justifying, prior to 1 July 1995, twenty years of civil service or periods of temporary medical disability referred to in (a) and (c) of Article R. 426-13;
- free of charge for war services or assimilated referred to in article R. 426-13 e.
When the services so validated are free of charge, they must have been preceded and followed by civilian services.
The calculation of the pension is made under the conditions specified by the following formula:
You can consult the table in the
JOn° 263 of 13/11/2011 text number 7
In which:
SMIM represents the indexed average annual salary;
SQM25, the average daily wage indexed to the twenty-five best annuities;
NJV, periods deducted in days preceded and followed by civil services and validated under article R. 426-13 e and f, at a maximum number of 360 days per annuity;
ΣSIC the sum of career indexed salaries;
"a" is equal to:
- for pensions effective in 2012, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 9 360;
- for pensions taking effect in 2013, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in section R. 426-14, and 9,720;
- for pensions effective in 2014, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 1,080;
- for pensions taking effect in 2015, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 10,440;
- for pensions taking effect in 2016, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 10,800;
- for pensions taking effect in 2017, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 11 160;
- for pensions taking effect in 2018, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 11,520;
- for pensions taking effect in 2019, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in section R. 426-14, and 11,880;
- for pensions taking effect in 2020, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 12,240;
- for pensions taking effect in 2021, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 12,600;
- for pensions taking effect in 2022, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 12,960;
- for pensions taking effect in 2023, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 13 320;
- for pensions taking effect in 2024, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 13 680;
- for pensions taking effect in 2025, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in section R. 426-14, and 14,040;
- for pensions taking effect in 2026, the lowest value between the number of days that resulted in the payment or redemption of contributions, as defined in R. 426-14, and 14 400;
— for pensions beginning in fiscal year 2027, the number of days that resulted in the payment or redemption of contributions, as defined in section R. 426-14.
TV is determined by the application of the following formula, without its value exceeding 1:
TV = 0.4
You can consult the table in the
JOn° 263 of 13/11/2011 text number 7
In which TT is the total time validated in days, as expensive, and b takes the following values according to the year the pension takes effect:
| b= | 0.002 | 0.004 | 0.006 | 0.008 | 0.01 | 0.012 | 0.014 | 0.016 | 0.018 | 0.02 |
The first paragraph of article R. 426-6 of the same code is amended as follows:
1° The words: "equal to 6%" are replaced by the words: "equal to 7.668%";
2° The paragraph is supplemented by a sentence as follows: "The proceeds of this assessment shall be assigned to the section referred to in section R. 426-27 (a). »
Article R. 426-7 of the same code is amended as follows:
1° The words: "equal to 12%" are replaced by the words: "equal to 13.62%";
2° The article is supplemented by a sentence as follows: "The proceeds of this assessment are assigned to the section referred to in section R. 426-27. »
Section R. 426-8 of the same code is replaced by the following:
"Art. R. 426-8.-The contributions provided for in sections R. 426-6 and R. 426-7 are called to a call rate of:
1° 101 % for fiscal year 2012;
2° 102 % for fiscal year 2013;
3° 103 % for the 2014 fiscal year;
4° 104 % for the 2015 fiscal year;
5° 105 % starting in 2016.
Effective the 2016 fiscal year, the Board of Directors of the Civil Aviation Staff Pension Fund reviews each year before June 30 the forecast level of the fund referred to in section R. 426-27 a of the thirty-year period, estimated under section R. 426-27-2. If, to this end, this level is less than five times the forecast amount of the benefits referred to in a of section R. 426-27, at that date, the appeal rate for the contributions provided for in sections R. 426-6 and R. 426-7 is increased the following year by a rate of 0.5% and the board of directors may then decide on a supplementary increase within a rate of 0.5%. The implementation of the provisions of this paragraph shall not lead to an appeal rate greater than 110 per cent.
The contribution rates obtained, after application of the call rate, are rounded to two decimals at the nearest one hundredth."
In the second paragraph of section R. 426-9 of the same code, the words "necessary for the opening of the full-rate pension entitlement, in accordance with the provisions of sections R. 426-11-1 and R. 426-11-2" are replaced by the words "of thirty".
Section R. 426-10 of the same code is replaced by the following provisions:
"Art. R. 426-10.-The charges relating to the transactions referred to in section R. 426-27 b are covered by separate contributions, based on the capped gross salary defined in section R. 426-5, within the limits of the annual ceiling referred to in theArticle L. 241-3 of the Social Security Code, supported half by employers and half by affiliates, and whose rate is fixed by the Board of Directors of the caisse by June 30 by a reasoned decision taking into account the financial situation of the fund, including between 0.68% and 1.08%. In the absence of a decision by the Board of Directors at the end of this period, the rate is 0.88%.
The expenses for the transactions referred to in c of section R. 426-27 are covered by separate contributions, based on the capped gross salary defined in section R. 426-5, supported by employers for half and by affiliates, and the rate of which is fixed by the board of directors of the credit union before June 30 by a reasoned decision taking into account the financial situation of the fund, including between 0.10 per cent and 0.5 per cent. If the Board of Directors fails to make a decision at the end of this period, the rate is equal to 0.30 %."
Section R. 426-11 of the same code is replaced by the following provisions:
"Art. R. 426-11.-I. ― A pension shall be provided to the affiliate who requests the liquidation of his pension rights under the conditions specified in the following sections, provided that he or she meets the following conditions on the effective date of the pension:
1° Having reached the age of fifty years;
2° Justify twenty annuities acquired in respect of pensionable services as defined in R. 426-13. This condition is not required when the insured has reached the age specified in R. 426-12.
II. A. ― The pension is said at full rate if the affiliate meets the following conditions on the effective date of the pension:
1° Having reached the age of fifty-five years or justifying thirty annuities acquired in respect of pensionable services as defined in R. 426-13;
2° The sum of the age and the number of annuities acquired for pensionable services as defined in section R. 426-13 is greater than or equal to 80.
When the affiliate fails to meet the conditions for the liquidation of full-rate pension entitlements, the pension shall be applied to a debit equal to 5% per missing year under the following conditions:
(a) If the affiliate is less than fifty-five years old at the date of effect of the pension, the number of years missing is determined by taking the greatest value between, on the one hand, the number of days separating the age of taking effect of the pension of the age mentioned in the 1st and, on the other, the number of days separating the number of days acquired under the services valid for the pension
(b) If the affiliate is fifty-five years or more at the date of effect of the pension, the number of years missing is determined by the difference between, on the one hand, the amount set out in 2°, expressed in days, and on the other hand, the sum of the number of annuities acquired under services valid for retirement as defined in article R. 426-13 and
B. ― Effective January 1, 2022, the pension is said to be full-rate if the affiliate justifies, on the date of effect of the pension, at least thirty annuities acquired for pensionable services as defined in section R. 426-13.
When the affiliate does not reach this duration, it is applied to the pension a denomination equal to 5% per missing annuity. The number of missing annuities is equal to the difference between the number of annuities mentioned in the previous paragraph and the number of days validated, as defined in article R. 426-13, divided by 360."
Section R. 426-12 of the same code is replaced by the following provisions:
"Art. R. 426-12.-When the affiliate within the meaning of section R. 426-1 does not meet the conditions referred to in section R. 426-11 and the pension takes effect from at least an age equal to that mentioned in the first paragraph of section L. 6521-4 of the Transportation Code, it is not applied to decorate."
Section R. 426-13 of the same code is replaced by the following provisions:
"Art. R. 426-13. - Are considered valid for retirement the following periods, expressed in days, within 360 days for a full year:
(a) Actual civilian service periods as a navigator after the date of application of the plan;
(b) Half of the duration of the services that resulted in the increase in contributions under the conditions set out in section R. 426-9;
(c) The periods of temporary medical incapacity resulting in the payment of all or part of the salary in the cases provided for in sections L. 6526-1 and L. 6526-2 of the Transport Code;
(d) The periods of temporary medical incapacity, beyond those referred to in c, which resulted in the payment of benefits provided by a compulsory pension plan;
(e) Within half of the civil services, the duration of the service of war or assimilation carried out in the French or allied armies, provided that such services have not been validated in another regime targeted to the Articles L. 711-1 and L. 921-1 of the Social Security Code ; the so-called "assimilated" war services are recognized by the board of directors in accordance with the legislative and regulatory provisions applicable to the general social security regime;
(f) The duration of compulsory military service of appeal, maintenance and recall under the flags carried out in times of peace in the French armies if the persons concerned otherwise warrant twenty years of services referred to in a, c and d above, and if such military services have not been validated in another pension plan referred to in Articles L. 711-1 and L. 921-1 of the Social Security Code ;
(g) The duration of the military services performed in peacetime as a navigator, beyond the legal period, other than those referred to in the f, by personnel holding a military navigating personnel patent, provided that such services did not result in a pension;
(h) Subject to the fact that they do not give rise to a pension entitlement in another pension plan referred to in Articles L. 711-1 and L. 921-1 of the Social Security Code, certain periods of suspension of the airworthiness activity determined among the suspension periods provided by the Labour code, collective agreements and special regulations applicable to professional airworthiness personnel of civil aviation. A joint decision of the ministers responsible for the budget, social security and civil aviation establishes the list of such periods after the advice of the board of directors of the pension fund;
(i) Within one year, the periods after the first affiliation devoted to the acquisition of a professional airworthiness qualification for civil aeronautics that did not result in pay;
(j) Within twelve quarters of ninety days, the quarters of studies that may be redeemed in the general regime, pursuant to theArticle L. 351-14-1 of the Social Security Code, within the limit of the duration required to obtain an undetected retirement;
(k) Maternity leave periods referred to inArticle L. 1225-17 et seq. of the Labour Code as well as periods of temporary incapacity related to pregnancy as part of the suspension of a contract of navigating work;
(l) Paternity leave periods referred to inArticle L. 1225-35 of the Labour Code ;
(m) Periods of inactivity without pay, related to work in time alternated in the context of an indeterminate employment contract, or periods of inactivity of parental leave taken in the form of alternate time, provided that they do not result in benefits in the plan or contributions in another plan;
(n) Preretirement periods compensated by the National Employment Fund;
(o) The periods of unemployment that resulted in the payment of benefits under the provisions of Book IV, Title II, Part 5, of the Labour Code, if these periods of unemployment are compensated for the termination of a contract of work of air travel which has been assessed at the caisse. »
Section R. 426-14 of the same code is replaced by the following provisions:
"Art. R. 426-14.-I. ― For the purposes of this chapter, the following periods shall be considered as periods:
(a) The services referred to in a, b and c of section R. 426-13. They shall be taken into account only if the contributions provided for in R. 426-6 to R. 426-10 have been paid on the salaries paid to the persons concerned during those periods. The services referred to in c of section R. 426-13, for periods beginning January 1, 2012, may be taken into account on the basis of the total annual gross salary of activity that was collected before the services are performed within the periods referred to in c of section R. 426-13, provided that the affiliate is paid, no later than in the year following the period, of the difference between
(b) The services referred to in section R. 426-13. They shall be taken into account only if the person concerned makes the contributions under sections R. 426-6, R. 426-7, R. 426-8 and R. 426-10, based on the gross benefits collected. The services referred to in section R. 426-13, for the periods beginning January 1, 2012, may be taken into account on the basis of the total gross benefits collected, in the case that the employer would have paid contributions, in respect of these services, corresponding to a salary less than the corresponding gross benefits, provided that the affiliate is paid, in the year following the difference
II. ― For the purposes of this chapter, the following periods may be validated for retirement, subject to redemption:
(a) The services referred to in c of section R. 426-13, for periods beginning on 1 January 2012, taken into account on the basis of the total annual gross salary of activity that was collected before the services were performed within the periods referred to in c of section R. 426-13, when the payment of the insured person occurs more than one year after the period;
(b) The services referred to in section R. 426-13, for the periods beginning on January 1, 2012, taken into account on the basis of the total gross benefits received in respect of the services, in the case that the employer would have paid contributions in respect of those services, corresponding to a salary less than the corresponding gross benefits, where the payment of the insured person occurs more than one year after the period;
(c) The services referred to in section R. 426-13, f, g, h and i, subject to the payment by the individual, for each year to be validated, of the contributions defined in sections R. 426-6, R. 426-7, R. 426-8 and R. 426-10, based on the first gross annual salary collected in the corresponding period. When this salary was collected over a period of less than 360 days, it is annualized;
(d) The services referred to in the j of section R. 426-13, with the payment by the person concerned of redemption contributions ensuring the actuarial neutrality of the operation for the plan, with respect to the surcharge of pension provided by the redemption, according to a formula fixed by the board of directors of the credit union;
(e) The services referred to in k, l and m of section R. 426-13, subject to the payment by the individual of the contributions set out in sections R. 426-6, R. 426-7, R. 426-8 and R. 426-10, based on the last gross annual salary prior to those periods. When this salary was collected over a period of less than 360 days, it is annualized;
(f) The services referred to in n and o of section R. 426-13 for the payment by the individual, for each period to be validated, of the contributions defined in sections R. 426-6, R. 426-7, R. 426-8 and R. 426-10, based on the gross benefits collected or on the gross annual salary of previous activity, to the choice of the individual. When this salary was collected over a period of less than 360 days, it is annualized. However, where the facility referred to in theArticle L. 5312-1 of the Labour Code pays contributions for the supplementary pension of the beneficiary of the benefits served by him, the services referred to in the o shall be taken into account, for the period of payment of the benefits, on the basis of a recomposed salary, which is calculated, for that period, by dividing the amount of the contributions paid by that institution by the rate of the contributions defined in sections R. 426-6, R. 426-7, R. 426-8 and R. 426-10. These services may be taken into account, for the period of payment of benefits, on the basis of the total annual gross salary of activity, for the payment by the individual of the contributions defined in sections R. 426-6, R. 426-7, R. 426-8 and R. 426-10, resulting from the same articles, based on the gross annual salary of activity deducted from the recomposed salary. When this salary was collected over a period of less than 360 days, it is annualized.
III. ― For the purposes of this chapter, are considered valid periods:
1° The periods referred to in I and II of this article;
2° The services mentioned in article R. 426-13, e, f, k, l and m.
IV. ― Payments for periods purchased under the II are assigned an age coefficient that depends on the age of the insured.
Payments of these contributions must be made under conditions guaranteeing actuarial neutrality. »
Section R. 426-15-2 of the same code is amended as follows:
1° The last two paragraphs are replaced by the following:
"having reached the age mentioned in 1° of Article R. 426-11;
"(i) was first affiliated to the plan provided for in this chapter to a date earlier than at least equal, at the opening date of the law, to the period referred to in 2° of the I of section R. 426-11. » ;
2° The article is supplemented by a paragraph as follows:
"For the purposes of this section, the pension is, by derogation from the provisions of section R. 426-11, liquidated without decay and the termination of the airborne activity must be related to the occurrence of incapacity. »
Section R. 426-15-3 of the same code is amended as follows:
1° The words: "anticipation coefficient" are replaced by the word: "dead";
2° After the word: "Licened" are added the words: "in application of theArticle L. 1233-3 of the Labour Code excluding the breach of contract resulting from the provisions of sections L. 6521-4 and L. 6521-5 of the Transport Code. » ;
3° The words: "has more than fifty years and more than 5,400 days" are replaced by the words: "has reached the age mentioned in 1° of Article R. 426-11 and the duration mentioned in 2° of Article R. 426-11".
Section R. 426-16-1 of the same code is amended as follows:
1° In the second paragraph, the words "in accordance with the e of Article R. 426-5" are replaced by the words "in accordance with Article R. 426-16-1-1"; after the words: "validated annuity" are inserted the words: "unhealthy"; the words: "within the limit of twenty-five" are replaced by the words: "within the limit of one term" and the paragraph is supplemented by a sentence as follows: "This duration is equal to the value "a" provided for in Article R. 426-5 divided by 360. » ;
2° The fourth paragraph is amended to read:
(a) The words: "at the fiftieth anniversary, and sixty years" are replaced by the words: "at the age mentioned in the 1st A of Article II of R. 426-11, and the age mentioned in theArticle L. 161-17-2 of the Social Security Code, ”
(b) After the words: "monthly pension is accompanied by a majoration," the words are inserted: "if the affiliate meets the conditions for the liquidation of a pension without decoupling under the conditions set out in sections R. 426-11, R. 426-15-2, R. 426-15-3 and R. 426-17";
3° The article is supplemented by a paragraph to read:
"The increase referred to in the preceding paragraphs shall not be paid to affiliates whose pension is effective from the age referred to in R. 426-12 and who do not respect the annuity requirement set out in 2° of R. 426-11. »
After article R. 426-16-1 of the same code it is inserted an article R. 426-16-1-1 as follows:
"Art. R. 426-16-1-1. - Salaries in the second paragraph of Article R. 426-16-1 are determined as follows:
1° The upper limit of the first tranche is four times the annual limit for calculating social security contributions referred to in theArticle L. 241-3 of the Social Security Code in force for the year under review;
2° The upper limit of the second tranche is eight times the annual limit for calculating social security contributions referred to in the second trancheArticle L. 241-3 of the Social Security Code in force for the year in question. »
Section R. 426-16-2 of the same code is replaced by the following:
"Art. R. 426-16-2.- Pensions are reassessed on January 1 of each year of the percentage of variation between the index of consumer prices to tobacco, whole France, published by the National Institute of Statistics and Economic Studies for the previous year's November and the same index for the November month of the penultimate year. »
After article R. 426-16-2 of the same code, an article R. 426-16-3 is inserted as follows:
"Art. R. 426-16-3. - When the number of annuities that have been assessed or redeemed, pursuant to section R. 426-14, is at least twenty-five, the pension calculated on the date of effect of the law and before application of a denomination may not be less than 2% of the annual social security ceiling referred to in section L. 241-3 per annuity coded or redeemed under section 426-14. »
Section R. 426-17 of the same code is replaced by the following provisions:
"Art. R. 426-17.-In the event of death or total permanent incapacity as a result of an air accident in service and in the event of death as a result of a recognized air service disease, the number of annuities taken into account in calculating direct pension or reversion and orphan pension is increased to the number of annuities that the person had been co-ordinated to 12 years By derogation from the provisions of section R. 426-11, the pension is liquidated without decay.
In the event of a final inability to perform the airworthiness trade resulting from an air accident in service or an air service illness, the number of annuities acquired is equal to the sum of annuities acquired under section R. 426-13 and additional annuities. The number of complementary annuities is equal to half of the difference between twenty-five and the number of annuities acquired under section R. 426-13, without being able to exceed half of the difference between the age provided for in section R. 426-12 and the age reached when the final inability is found. In the event of abandonment of the profession for reasons other than health, the air service accountability must have been requested within two years of termination. By derogation from the provisions of section R. 426-11, the pension is liquidated without decay. »
Section R. 426-19 of the same code is replaced by the following provisions:
"Art. R. 426-19.-I. ― In the event of the death of an active affiliate or holder of an active pension or a deferred pension entitlement, the eligible surviving spouse and each of the dependent children of the affiliate, within the meaning of section R. 426-20 of this Code, shall, respectively, be entitled to a reversion pension and orphan pension under the conditions specified in this section.
II. ― Reversion pension for the benefit of the eligible surviving spouse is equal to a percentage of the affiliate's pension set at 60%.
If the deceased affiliate was in business or in the course of a pension, the opening of the right to a reversion pension is immediate.
In other cases, the opening of the right to a reversion pension is extended until the date on which the affiliate has reached the age referred to in R. 426-12. This opening of the right is immediate if the deceased affiliate had at least one dependent child on the date of his death.
The entry to the benefit of the reversion pension is set at the opening date of the right, provided that the beneficiary of the pension has submitted his written application to the credit union within six months of the date of the opening of the right.
The pension of the affiliate for the purpose of determining the reversion pension referred to above is that defined in the first, second and third paragraphs of section R. 426-16-1, increased if applicable, in the light of the provisions of section R. 426-17.
If the deceased affiliate was in business or in the course of a benefit with a majoration and had not reached the age mentioned at theArticle L. 161-17-2 of the Social Security Code at the time of his death, the member's pension to determine the reversion pension is supplemented under the following conditions:
1° If the surviving spouse benefits from a compulsory statutory maternity health insurance scheme other than that established by the Act No. 99-641 of 27 July 1999 creating universal health coverage, the increase is 0.8 per cent of the monthly limit for calculating social security contributions in force, per annuity validated within the limit of 25;
2° If the surviving spouse enters the scope of the Act of 27 July 1999 referred to above, the surviving spouse is an amount of 0.8% of the monthly limit for calculating social security contributions in force, per annuity validated within the limit of twenty-five, and on the other hand, 5% of the monthly pension of the deceased affiliate calculated in accordance with the first two paragraphs of section 1-16;
3° If the surviving spouse does not enter in any of the above two cases, the surviving spouse is 1.12 per cent of the monthly limit for calculating social security contributions in force, per annuity validated within the limit of twenty-five.
This increase shall be taken into account, in the calculation of the pension, until the date on which the deceased affiliate has reached the age mentioned at theArticle L. 161-17-2 of the Social Security Code.
III. ― An orphan's pension for each dependent child is 12% of the affiliate's pension. The rate is increased to 50% for each of the father and mother orphans under the age of 21 and without age for the benefit of the disabled child as defined in R. 426-20.
The opening of the right to an orphan's pension is immediate. The entry to the benefit of the orphan's pension is set at the opening date of the right, provided that the beneficiary of the pension or his or her legal representative has forwarded his or her written request to the credit union within six months of the opening date of the right.
The pension of the affiliate for the purpose of determining the orphan pension referred to above is that defined in the first, second and third paragraphs of section R. 426-16-1, increased if applicable, in the light of the provisions of section R. 426-17.
If the deceased affiliate was in business or in the course of a benefit with a majoration, if the deceased affiliate had not reached the age mentioned at the timeArticle L. 161-17-2 of the Social Security Code at the time of his death, the member's pension to determine the orphan's pension is accompanied by an increase under the following conditions:
1° If the orphan benefits from a compulsory statutory maternity health insurance scheme other than that established by the Act of 27 July 1999 establishing universal health coverage, the increase is 0.8% of the monthly limit for calculating social security contributions in force, per annuity validated within the limit of twenty-five;
2° If the orphan enters the scope of the Act of 27 July 1999 referred to above, the increase shall be in an amount of 0.8% of the monthly limit for calculating social security contributions in force, per annuity validated within the limit of 25, and on the other hand 5% of the monthly pension of the deceased affiliate calculated in accordance with the first two paragraphs of section R. 426
3° If the orphan does not enter in any of the above two cases, the increase is 1.12 per cent of the monthly limit for calculating social security contributions in force, per annuity validated within the limit of twenty-five.
This increase shall be taken into account, in the calculation of the pension, until the date on which the deceased affiliate has reached the age mentioned at theArticle L. 161-17-2 of the Social Security Code.
IV. ― The total of reversion pensions and orphans allocated cannot exceed 100% of the affiliate's pension. If there is a surplus, the pension allocated to each of the eligible beneficiaries is reduced proportionally."
In article R. 426-20 of the same code:
1° The first paragraph is as follows:
"Child dependants for the purposes of this Code are children under the age of twenty-one years whose filiation is legally established pursuant to Title VII of Book I of the Civil Code or is the result of a plenary adoption, if they do not engage in paid activity unless they provide a salary less than the basic salary for the calculation of family allowances. »
2° In the second paragraph, the words: "on the day of the affiliate's death or before the twenty-first anniversary of the affiliate's death" are replaced by the words: "before their twenty-first birthday or before their twenty-fifth anniversary if they continued secondary or higher education."
Section R. 426-21 of the same code is replaced by the following provisions:
"Art. R. 426-21.-The spouse is unfit to be remarried.
When, at the death of the affiliate or pensioner, a surviving spouse and one or more eligible divorced spouses exist, the reversion pension is distributed between the surviving spouse and the divorced spouse(s), prorated to the respective duration of each marriage. »
Article R. 426-24 of the same code is amended as follows:
1° The second paragraph is supplemented by the words: “subject to the provisions of the third paragraph”;
2° The third paragraph is replaced by the following:
"When the monthly amount of the pension is less than 2% of the monthly limit for calculating social security contributions referred to in theArticle L. 241-3 of the Social Security Code at the date of the possible opening of the pension entitlement, a single capital equal to the proceeds of the amount of the annual theoretical fees and a coefficient fixed by the board of directors on the basis of the age of the beneficiary on the effective date of the liquidation of the rights shall be paid in lieu of the liquidation of the rights in the form of a monthly pension. »
In section R. 426-26 of the same code, the words: "within the limit of 1% of the contributions received in the previous year in the other three funds" are replaced by the words: "within the limit of 0.2% of the contributions received in the previous year in the fund referred to in section R. 426-27".
Article R. 426-27 of the same code is amended as follows:
1° The b is replaced by the following:
“(b) Section known as the Majoration Fund, responsible for monitoring operations under the fourth paragraph of Article R. 426-16-1, the sixth paragraph of Part II and the fourth paragraph of Article R. 426-19. » ;
2° The d is deleted.
After article R. 426-27-1 of the same code, an article R. 426-27-2 is inserted as follows:
"Art. R. 426-27-2.-The Board of Directors of the Civil Aviation Staff Pension Fund shall monitor the financial balance of the plan under the conditions set out in section L. 6527-8 as follows.
It determines each year, before June 30, the value of the plan's control indicators. These indicators include the level of reserves at the valuation date, the projected long-term level of reserves and the rates of coverage of future benefits by future contributions over the period at least equal to the life expectancy of the generation reaching the retirement age and reserves at a horizon of thirty years.
The board of directors shall, at least every four years, establish a report on the financial situation of the plan by an independent actuary. This analysis, based on the financial situation of the plan at the end of the last fiscal year, is intended to measure the impact of past decisions on the technical parameters of the plan, in particular the setting of contribution rates and appeal rates for contributions, the conditions for opening pension rights and the level of benefits. The Board of Directors of the caisse shall, at least six months before the report is issued, set out the assumptions to be used in the preparation of the report, as well as the sensitivity studies for the calculation of the plan's long-term balance projections, including the cost-effectiveness of plan assets and forecasts for the evolution of the air transport sector and the economic situation and its implications for the population covered. »
Sections R. 426-11-1, R. 426-11-2, R. 426-11-3, R. 426-11-4, R. 426-15-1, R. 426-18, R. 426-18-1, R. 426-22, R. 426-23 and R. 426-25 of the same code are repealed.
I. ― By derogation from the provisions of Article R. 426-11 of the Civil Aviation Code, the condition of annuity provided for in the 2° is set as follows for pensions taking effect between January 1, 2012 and December 31, 2019:
1° From 1 January 2012 to 31 December 2012, to 16 annuities;
2° From 1 January 2013 to 31 December 2013, to 16.5 annuities;
3° From 1 January 2014 to 31 December 2014, to 17 annuities;
4° From 1 January 2015 to 31 December 2015, to 17.5 annuities;
5° From 1 January 2016 to 31 December 2016, to 18 annuities;
6° From 1 January 2017 to 31 December 2017, to 18.5 annuities;
7° From 1 January 2018 to 31 December 2018, to 19 annuities;
8° From January 1, 2019 to December 31, 2019, to 19.5 annuities.
II. - By derogation from the provisions of Article R. 426-11 of the Civil Aviation Code, the following rules are applied for pensions taking effect between January 1, 2012 and December 31, 2020:
1° The age and number of annuities mentioned in 1° are fixed:
from January 1, 2012 to December 31, 2012, to fifty years and 6 months and 26 years;
from January 1, 2013 to December 31, 2013, to fifty-one years and 26.5 years;
from January 1, 2014 to December 31, 2014, to fifty-one years and six months and 27 annuities;
– January 1, 2015 to December 31, 2015, at fifty-two years and 27.5 annuities;
– January 1, 2016 to December 31, 2016, at fifty-two years and six months and 28 years;
– January 1, 2017 to December 31, 2017, at fifty-three years and 28.5 annuities;
– from January 1, 2018 to December 31, 2018, to fifty-three years and six months and 29 annuities;
– January 1, 2019 to December 31, 2019, at fifty-four years and 29.5 years;
- from January 1, 2020 to December 31, 2020, to fifty-four years and six months and 30 years;
2° The sum of the age and number of annuities mentioned in 2° is fixed:
January 1, 2012 to December 31, 2012, at 76;
from 1 January 2013 to 31 December 2013, at 76.5;
from January 1, 2014 to December 31, 2014, to 77;
- January 1, 2015 to December 31, 2015, at 77,5;
- January 1, 2016 to December 31, 2016, at 78;
- January 1, 2017 to December 31, 2017, at 78.5;
From January 1, 2018 to December 31, 2018, to 79;
From January 1, 2019 to December 31, 2019, to 79,5;
from January 1, 2020 to December 31, 2020, to 80.
III. ― Subject to the application of Part VII of this Article and by derogation from the provisions of Article R. 426-11 of the Civil Aviation Code, where the liquidation is made, before December 31, 2025, between the age of fifty-five years and the age set out in Article R. 426-12, the number of annuities required, acquired as defined in the services valid for retirement as provided in Article R. 426-12
1° From 1 January 2022 to 31 December 2022: 26;
2° From 1 January 2023 to 31 December 2023: 27;
3° From 1 January 2024 to 31 December 2024: 28;
4° 1 January 2025 to 31 December 2025: 29.
IV. ― By derogation from the provisions of Article R. 426-16-1-1 of the Civil Aviation Code, the upper limit of the first tranche is equal to the product of the annual social security contribution calculation limit referred to in theArticle L. 241-3 of the Social Security Code, applicable for the current year, and an equal coefficient:
1° For the year 2012, at 3.55;
2° For fiscal year 2013, at 3.6;
3° For the year 2014, at 3.65;
4° For the 2015 fiscal year at 3.7;
5° For the 2016 fiscal year at 3.75;
6° For the year 2017, at 3.8;
7° For the 2018 fiscal year, at 3.85;
8° For the 2019 fiscal year, at 3.9;
9° For the year 2020, at 3.95.
V. ― By derogation from Article R. 426-16-2, pensions are revalued as of January 1, 2012 of the percentage of variation between the index of change in prices to tobacco use, France whole, published by the National Institute of Statistics and Economic Studies for the month of February 2011 and the same index for the month of November 2011.
VI. ― As of January 1, 2012, the funds referred to in (b) and (c) of Article R. 426-27 of the Civil Aviation Code are equal to:
1° Fund mentioned in the b of Article R. 426-27: 100 000 000 €;
2° Fund mentioned in c of Article R. 426-27: €10,000.
The recorded surplus of these two funds is allocated to the fund referred to in a of section R. 426-27 of the same code.
VII. ― The provisions of Article R. 426-11, Article II, of the Civil Aviation Code come into force on January 1, 2022, unless the Board of Directors of the Civil Aviation Staff Pension Fund finds during the year 2020, by reason of deliberation, that the values of the indicators on the financial situation of the long-term plan and the conditions for the fiscal year of Article 62-27
VIII. ― The provisions of section 18 apply to death-related reversion pensions effective January 1, 2012.
IX. ∙ The indicators provided for in the second paragraph of section R. 426-27-2 of the Civil Aviation Code are reviewed by the Board of Directors of the Civil Aviation Staff Pension Fund no later than in fiscal year 2014. These indicators are accompanied by the target values mentioned in the VII of this article. The first report under the third paragraph of the same section is reviewed by the Board of Directors of the Civil Aviation Professional Air Conditioning Staff Pension Fund no later than in fiscal year 2015.
X. ― The provisions of this Decree shall enter into force on 1 January 2012.
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts and State Reform, Spokesperson of the Government, and the Minister to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transport, are responsible, each with regard to it, for the execution of this decree, which will be published in the French Republic.
Done on 10 November 2011.
François Fillon
By the Prime Minister:
The Minister of Labour,
employment and health,
Xavier Bertrand
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
Minister to the Minister of Ecology,
Sustainable Development,
Transport and housing,
Transport Officer
Thierry Mariani
