Decree No. 2011-1500 Of 10 November 2011 Concerning The Supplementary Pension Scheme For Flying Personnel Of Civil Aviation And Amending The Code Of Civil Aviation

Original Language Title: Décret n° 2011-1500 du 10 novembre 2011 relatif au régime complémentaire de retraite du personnel navigant professionnel de l'aviation civile et modifiant le code de l'aviation civile

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Keywords

JOB, CIVIL AVIATION
CODE OF CIVIL AVIATION
, PROFESSIONAL PERSONNEL
, SOCIAL SECURITY
, SPEED
RETIREMENT PENSION SUPPLEMENTARY | ||,
ASSURE SOCIAL, PERSONAL PENSION FUND YACHTSMEN CIVIL AVIATION
, CRPNPAC
, SOCIAL BENEFIT
, SOCIAL CONTRIBUTION
,
PENSION RETIREMENT
, PENSION INCREASE
, FASHION
CALCULATION, ADJUSTMENT
, INDEX CORRECTED
, PENSION RIGHTS
JORF No. 0263 of November 13, 2011

page 19050 text n 7

Decree No. 2011-1500 of 10 November 2011 concerning the supplementary pension scheme for flying personnel of civil aviation and amending civil aviation code NOR
:
ETSS1125859D ELI: https: //www.legifrance.gouv.fr/eli/decret/2011/11/10/ETSS1125859D/jo/texte
AKA: https://www.legifrance.gouv.fr/eli/decret/2011/11/ 10 / 2011-1500 / jo / text


Audiences: aircrew of civil aviation.
Subject: supplementary occupational pension scheme for flying personnel employed in civil aviation.
Effective: January 1, 2012.
Notice: this decree implements the reform of supplementary pension scheme for cabin crew in civil aviation on the basis of the recommendations of the report of 28 July 2011 Mr. Raphaël Hadas-Lebel, President of the Board of Retirement Guidance .
It aims by different measures of gradual application to ensure the financial sustainability of this long-term plan, while maintaining a satisfactory level of professional and intergenerational solidarity. This particular changes the conditions for opening an undiscounted pension by strengthening the conditions of age and contribution period and increasing the rate of contributions call according to procedures taking into account the financial perspectives of this diet complementary. He modernized for this purpose the steering plan rules.
The decree also aims to strengthen the mechanisms to encourage the extension of the business and provides for the maintenance of payment of the pension increase until the legal age of eligibility to retire. Several other provisions are discounted on this occasion.
References: the texts modified by this Order can be found in the version resulting from the amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
Prime Minister
On the report of the Minister for Ecology, Sustainable Development, Transport and Housing, the Minister for Labour, Employment and Health and the Minister of Budget, Public Accounts and the reform of State, Government spokesperson,
Given the civil code;
Considering the code of civil aviation;
Considering the code of social security;
Considering the code of transport, in particular Articles L. 6527-2, L. 6527-5 and L. 6527-8;
Given the labor code;
Considering Law No. 99-641 of 27 July 1999 establishing universal health coverage;
The Council of State (social section) heard
Decrees:


Article 1
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Article R. 426-5 of the Civil Aviation Code is amended:
1 In a, the words "defined in e of this section" are replaced by the words "defined in Article R. 426-16-1-1. ";
2. The b is supplemented by two paragraphs as follows:
"On 1 January 2012, the index corrected assumed salary is obtained by upgrading that applied in 2011 the annual increase in pensions applied from 1 July 2011, pursuant to Article R. 426-16-2 plus 25%.
As of 1 January 2013, the index corrected assumed salary is obtained by upgrading those applied in the previous year the percentage change between the price index excluding tobacco, all of France, published by the National Institute Statistics and economic studies related to November of last year but one and the same index relating to November of the previous year. ";
3. The d is replaced by the following:
"D) indexed average salary increased.
When the affiliate brings more than twenty-five annual installments for value, is taken into account in part for calculating the pension, additional periods, as these have been validated:
- For profit;
- Free of charge for military services mentioned in f of Article R. 426-13 for affiliates warrant prior to 1 July 1995 twenty years of civil service or periods of temporary medical disability and mentioned in a c of article R. 426-13;

- Free of charge for war or similar services mentioned in an article R. 426-13.
When validated and services are free of charge, they must be preceded and followed by civil services.
The pension calculation is performed under the conditions specified by the following formula:
You can view the table in the
OJ No 263 of 13/11/2011 text number 7
Wherein
SMIM is the annual premium indexed average wage;
SQM25 the indexed average daily wage of the best twenty-five annuities;
NJV, periods counted in days preceded and followed by civil service and validated under e and f of Article R. 426-13, at the rate of a maximum of 360 days per year of service;
ΣSIC the sum of wages indexed career;
"A" is equal to:
- for pensions beginning in 2012, the lowest value between the number of days that led to the payment or redemption of contributions within the meaning of Article R. 426 -14 and 9360;
- for pensions beginning in 2013, the lowest value between the number of days that led to the payment or redemption of contributions within the meaning of Article R. 426 -14 and 9720;
- for pensions beginning in 2014, the lowest value between the number of days that led to the payment or redemption of contributions within the meaning of Article R. 426 -14, and 10 080;
- for pensions beginning in 2015, the lowest value between the number of days that led to the payment or redemption of contributions within the meaning of Article R. 426 -14, and 10 440;
- for pensions beginning in 2016, the lowest value between the number of days that led to the payment or redemption of contributions within the meaning of Article R. 426 -14, and 10 800;
- For pensions beginning in 2017, the lowest value between the number of days that led to the payment or redemption of contributions, as defined in Article R. 426-14, and 11 160;
- For pensions beginning in 2018, the lowest value between the number of days that led to the payment or redemption of contributions, as defined in Article R. 426-14, and 11 520;
- For pensions beginning in 2019, the lowest value between the number of days that led to the payment or redemption of contributions, as defined in Article R. 426-14, and 11 880;
- For pensions beginning in 2020, the lowest value between the number of days that led to the payment or redemption of contributions, as defined in Article R. 426-14, and 12 240;
- For pensions beginning in 2021, the lowest value between the number of days that led to the payment or redemption of contributions, as defined in Article R. 426-14, and 12 600;
- For pensions beginning in 2022, the lowest value between the number of days that led to the payment or redemption of contributions, as defined in Article R. 426-14, and 12 960;
- For pensions beginning in 2023, the lowest value between the number of days that led to the payment or redemption of contributions, as defined in Article R. 426-14, and 13 320;
- For pensions beginning in 2024, the lowest value between the number of days that led to the payment or redemption of contributions, as defined in Article R. 426-14, and 13 680;
- For pensions beginning in 2025, the lowest value between the number of days that led to the payment or redemption of contributions, as defined in Article R. 426-14, and 14 040;
- For pensions beginning in 2026, the lowest value between the number of days that led to the payment or redemption of contributions, as defined in Article R. 426-14, and 14 400;
- For pensions with effect from the 2027 financial year, the number of days that led to the payment or redemption of contributions within the meaning of Article R. 426-14.
TV is determined by applying the following formula, but that its value does not exceed 1:
TV = 0.4.
You can see the table in the
OJ No 263 of 13/11/2011 text number 7
Where TT is the total time in days validated for value, and b takes the following values ​​according to the year when the pension takes effect YEARS

2012
2013
2014
2015
2016
2017
2018
2019
2020

COUNT tO 2021 b =


0.002 0.004 0.006 ||
| 0,008

0.01 0.012 0.014


0.016 0.018 0.02

4. The e is deleted;
5. The f is deleted.

Article 2
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The first paragraph of Article R. 426-6 of the 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 products of this contribution is allocated to the section referred to in Article R. 426-27. "


Article 3 More about this article ...

Article R. 426-7 of the Code is amended:
1. The words "equal to 12%" are replaced by the words "equal to 13.632%";
2. The article is supplemented by a sentence as follows: "The products of this contribution is allocated to the section referred to in Article R. 426-27. "


Article 4 More about this article ...

Article R. 426-8 of the Code is replaced by the following:
"Art. R. 426-8.-The contributions provided for in Articles R. 426-6 and R. 426-7 are called up to a call rates set at:
1 101% for 2012;
2 102% for 2013;
103 3% for the year 2014;
104 4% for the year 2015;
5 105% from the year 2016.
As of fiscal 2016, the Board of the Pension Fund for flying personnel employed in civil aviation shall annually before June 30 the forecast level of funds mentioned in a of Article R. 426-27 on the horizon of thirty, estimated under Article R. 426-27-2. If, by that time, the level is less than five times the estimated amount of the benefits referred to in Article R. 426-27, on that date, the premium call rates laid down in Articles R. 426-6 R. 426-7 and the following year is increased from a rate of 0.5% and the Board of Directors may decide to further increase to a limit of 0.5%. The implementation of the provisions of this paragraph may lead to a call rate of over 110%.
The contribution rates obtained after applying the call rate, rounded to two decimal places to the nearest hundredth. "


Article 5 More about this article ...

In the second paragraph of Article R. 426-9 of the Code, the words "necessary for entitlement to a full pension, in accordance with Articles R. 426-11-1 and R . 426-11-2 'are replaced by the words "thirty".

Article 6
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Article R. 426-10 of the Code is replaced by the following:
"Art. R. 426-10.-expenses relating to transactions referred to in b of Article R. 426-27 are covered by separate contributions, sitting on the capped gross salary defined in Article R. 426-5, within the limits of the annual ceiling referred to in Article L. 241-3 of the code of social security, supported half by employers and half by affiliates, and whose rate is set by the Board of cash before June 30 by a reasoned decision taking into account the financial situation of the fund, between 0.68% and 1.08%. Failing decision of the board of the fund at the end of this period, the rate is 0.88%.
The charges relating to the transactions mentioned in c of article R. 426-27 are covered by separate contributions, sitting on the capped gross salary defined in Article R. 426-5, supported equally by employers and half by the affiliates, whose rate is set by the board of directors of the fund before June 30 by a reasoned decision taking into account the financial situation of the fund, between 0.10% and 0.50% . Failing decision of the board of the fund at the end of this period, the rate is 0.30%. "


Article 7 Learn more about this item ...

Article R. 426-11 of the Code is replaced by the following:
"Art. R. 426-11.-I. - A retirement pension is paid to the affiliate who requests payment of his pension rights under the conditions specified in the following articles, when it meets cumulatively to the effective date of the pension the following conditions: | || 1 Having reached the age of fifty years;
2. Justify twenty years of pensionable service under the valid service for retirement as defined in Article R. 426-13. This condition is not required when the insured reaches the age provided for in Article R. 426-12.
II. - A. - The pension is called full rate if the member meets cumulatively to the effective date of the pension the following conditions: 1
Having reached the age of fifty-five or thirty justify annuities acquired for valuable services for retirement as defined in Article R. 426-13;

2 ° The sum of age and the number of annuities acquired under valid for retirement services as defined in Article R. 426-13, is greater than or equal to 80. | || If the affiliate does not meet the conditions of liquidation of pensions at the full rate, it is applied to the board at a discount of 5% per missing year, under the following conditions:
a) If the affiliated is under the age of fifty-five years of the effective date of the pension, the number of missing years is determined by taking the greater of, firstly, the number of days between the age of effective pension age mentioned in 1 ° and, secondly, the number of days between the number of days acquired under the valid service for retirement as defined in Article R. 426-13, at the effective date of the pension, of the period mentioned in 1 °, in days, which value is then divided by 360 and rounded to the second decimal place;
B) If the affiliate is fifty-five years or more at the effective date of the pension, the number of missing years is determined by the difference between, on the one hand, the amount provided in 2, in days, and, secondly, the sum of the number of annuities acquired under valid for retirement services as defined in Article R. 426-13 and age, expressed in days, the effective date of the pension, this difference is then divided by 360 and rounded to the second decimal place.
B. - As of 1 January 2022, the pension is called full rate if the affiliate warrants to the effective date of the pension, at least thirty years of pensionable service under the valid service for retirement as are defined in Article R. 426-13.
When the affiliate does not reach this time, it is applied to the board at a discount of 5% per missing annuity. The number of missing annuities is equal to the difference between the number of years mentioned in the preceding paragraph and the number of days validated within the meaning of Article R. 426-13, divided by 360. "

Article 8
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Article R. 426-12 of the Code is replaced by the following:
"Art. R. 426-12.-When the affiliate within the meaning of Article R. 426-1 does not meet the conditions mentioned in Article R. 426-11 and the pension takes effect as of age least equal to that mentioned in the first paragraph of Article L. 6521-4 of the code of transport, it is not applied to discount. "

Article 9
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Article R. 426-13 of the Code is replaced by the following:
"Art. R. 426-13.-are considered valid for the following periods retirement, expressed in days, the 360-day limit for a full year:
a) The periods of civil service staff made navigating quality after to the date of application of the plan;
B) Half of the length of time that resulted in the increase of contribution in accordance with Article R. 426-9;
C) periods of temporary medical disability that led to the payment of all or part of the wages as provided in Articles L. 6526-1 and L. 6526-2 of the code of transport;
D) The periods of temporary medical disability, beyond those referred to in c, giving rise to the payment of benefits provided under a compulsory membership in pension scheme;
E) Within the limit of half the civil service, the duration of war or similar services performed in French or allied armies, provided that these services have not been validated in another plan referred to in Articles L . 711-1 and L. 921-1 of the code of social security; the so-called war services "assimilated" are recognized by the Board pursuant to laws and regulations applicable to the general social security scheme;
f) The duration of compulsory military service call, maintaining and recall the colors made in peacetime in the French armed if interested justify further twenty years of service referred to in a, c and d above, and if these military services have not been validated in another pension plan referred to in Articles L. 711-1 and L. 921-1 of the code of social security;
g) the duration of military service as peacetime browsing quality, beyond the duration legal, other than those referred to in f, by tenured staff of a patent military aircrew, provided that these services have not resulted in pension constitution;

H) Except that they do not result in creation of a right to a pension to another pension plan referred to in Articles L. 711-1 and L. 921-1 of the Code of Social Security, some browsing activity suspension time periods among the periods of suspension provided by the Labour code, collective agreements and the specific regulations applicable to cabin crew professionals in civil aviation. A joint order of the Ministers of the budget, Social Security and the Civil Aviation establishes the list of those periods following the opinion of the pension fund's board of directors;
I) Within one year periods after the first affiliation with the acquisition of a professional qualification flight of civil aviation has not given rise to compensation;
J) Within twelve quarters of ninety days, the terms of study that can be redeemed in the general scheme, pursuant to Article L. 351-14 -1 of the code of social security, within the time required for obtaining a pension without discount;
K) periods of maternity leave mentioned in Article L. 1225-17 and following of the Labour Code as well as periods of temporary incapacity related to pregnancy as part of the suspension of an employment contract of sailing;
L) Paternity leave periods referred to in Article L. 1225-35 of the Labour Code;
M) The periods of inactivity without pay, work related to weather alternated under a contract of indefinite duration or periods of inactivity within parental leave taken in the form of alternating time , provided they do not result in benefits in the plan or another plan contributions;
N) Early retirement periods compensated by the National Employment Fund;
O) periods of unemployment that led to payment of benefits under the provisions of Title II of Book IV of Part V of the Labour Code, if these periods of unemployment are compensated under a ruptured seafarer employment contract having been contributing to the fund. "

Article 10
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Article R. 426-14 of the Code is replaced by the following:
"Art. R. 426-14.-I. - For the purposes of this chapter, are considered contribution periods the following periods:
a) The services referred to in a, b and c of article R. 426-13. They are taken into account if contributions under Articles R. 426-10 to R. 426-6 have been paid on the wages paid to stakeholders during such periods. The services mentioned in c of article R. 426-13, for the periods from 1 January 2012, may be taken into account on the basis of the total annual salary of activity that was seen before services are made within the periods referred to in c of article R. 426-13, provided the affiliate performs at the latest in the year following the period of the difference between, hand, the contributions would have been made pursuant to Articles R. 426-6, R. 426-7, R. 426-8 and R. 426-10, on that salary and, secondly, the contributions actually paid;
B) of the services mentioned in Article R. 426-13. They are taken into account only if the person pays the contributions provided for in Articles R. 426-6, R. 426-7, R. 426-8 and R. 426-10, sitting on the perceived gross benefits. The services mentioned in of Article R. 426-13, for the periods from 1 January 2012, may be taken into account on the basis of total gross benefits corresponding perceived, if the employer could paid contributions for these services, corresponding to a lower salary corresponding to perceived gross benefits, provided that the member pays in the year following the period of the difference between, on the one hand, the contributions would have been made pursuant to Articles R. 426-6, R. 426-7, R. 426-8 and R. 426-10, on average gross benefits and, secondly, the contributions actually paid.
II. - For the purposes of this chapter, can be validated for retirement, subject to redemption, the following periods:

A) The services mentioned in c of article R. 426-13, for the periods from 1 January 2012, considered on the basis of the total annual salary of activity that was seen before the services are performed within the periods referred to in c of article R. 426-13, when the payment of the insured comes over a year after the period;
B) of the services mentioned in Article R. 426-13, for the periods from 1 January 2012, considered on the basis of total gross benefits corresponding perceived, if the the employer would have paid contributions for these services, corresponding to a lower salary to perceived gross benefits corresponding, when the payment of the insured comes over a year after the period;
C) The services referred to in f, g, h and i of Article R. 426-13, on payment by the applicant in each year to validate the contributions defined in Articles R. 426-6 R. 426-7, R. 426-8 and R. 426-10, seated on the first gross annual salary received according to the corresponding period. When wages were received over a period less than 360 days, it is annualized;
D) services mentioned in I of Article R. 426-13, on payment by the applicant of redemption premiums ensuring actuarial neutrality of the operation for the regime, brought under the pension supplement buy out, according to a formula set by the fund's board of directors;
E) The services referred to k, l and m of Article R. 426-13, on payment by the individual contributions defined in Articles R. 426-6, R. 426-7, R. R. 426-8 and 426-10, sitting on the last annual gross salary before these periods. When wages were received over a period less than 360 days, it is annualized;
F) services mentioned in n o and of Article R. 426-13 on payment by the applicant, in each period to validate the contributions defined in Articles R. 426-6, R. 426 -7, R. 426-8 and R. 426-10, seated on gross benefits received or the gross annual salary of the previous activity, the choice of the person concerned. When wages were received over a period less than 360 days, it is annualized. However, when the institution referred to in Article L. 5312-1 of the Labour Code makes contributions to the supplementary pension the recipient of benefits provided by him, the services mentioned in o are taken into account for the payment time benefits on the basis of a recomposed wage, which is calculated for said period by dividing the amount of contributions paid by this institution by the premium rate defined in Articles R. 426-6, R. 426-7, R. 426-8 and R. 426-10. These services will be considered for the duration of benefits on the basis of the total annual salary of activity upon payment by the individual contributions defined in Articles R. 426-6, R. 426-7, R. 426-8 and R. 426-10, resulting from the same articles, based on gross annual salary of activity deduction made from reconstructed salary. When wages were received over a period less than 360 days, it is annualized.
III. - For the purposes of this chapter, are considered validated periods:
1. The periods referred to in I and II of this article;
2. The services referred to e, f, k, l and m of Article R. 426-13.
IV. - Payments for the periods repurchased under II are assigned an age coefficient that depends on the age of the insured.
The payments of such contributions must be made under conditions ensuring actuarial neutrality. "

Article 11
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Article R. 426-15-2 of the same Code is amended as follows:
1 The last two paragraphs are replaced by the following:
"- Have reached the age referred to in 1 of I of Article R. 426-11;
"- Have been insured for the first time the regime provided by this chapter at an earlier date at least to the opening date of the law, for the duration stated in 2 ° of I of Article R. 426- 11. ";
2. The article is supplemented with a paragraph:
"For the purposes of this article, the pension is, notwithstanding the provisions of Article R. 426-11, be paid without discount and the cessation of browsing activity must be related to the occurrence of incapacity. "

Article 12
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Article R. 426-15-3 of the same Code is amended as follows:

1. The words "coefficient of anticipation" is replaced by the word "discount";
2 ° After the word "licensee" are added the words "under Article L. 1233-3 of the Labour Code with the exception of breach of contract resulting from the provisions of Articles L. 6521 -4 and L. 6521-5 of the transport code. ";
3. The words "more than fifty years and more than 5400 days" are replaced by the words "has reached the age referred to in 1 of I of Article R. 426-11 and period mentioned in 2 ° of I of Article R. 426-11. "

Article 13
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Article R. 426-16-1 of the same Code is amended as follows:
1. In the second paragraph, the words "in accordance with an Article R. 426-5" are replaced by the words "in accordance with Article R. 426-16-1-1"; after the words "annuity validated" are inserted the words "for consideration"; the words "within twenty-five 'is replaced by the words" within a time "and the paragraph is supplemented by a sentence as follows:" This period is equal to the value "a" d under Article R. 426-5 divided by 360. ";
2. the fourth paragraph is amended as follows:
a) the words" the fiftieth anniversary, and sixty years' are replaced by the words "at the age mentioned in 1 ° of II A of Article R. 426-11, and the age referred to in Article L. 161-17-2 of the code of social security, ";
b) After the words" the monthly pension is subject to a surcharge, "are inserted the words:" if the affiliate fulfills the requirements for the liquidation of a pension with no discount to the conditions under Articles R. 426-11, R. 426-15-2, 426-15-3 and R. R. 426-17; "
3. The article is supplemented by a paragraph as follows: || | "the increase provided for in the preceding paragraphs is not paid to affiliates whose pension takes effect from the age mentioned in Article R. 426-12 and who do not respect the annuity condition in 2 of I of Article R. 426-11. "

Article 14
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After Article R. 426-16-1 of the same code shall be inserted in Article R. 426-16-1-1 as follows:
"Art. R. 426-16-1-1. - Salaries in installments provided in the second paragraph of Article R. 426-16-1 are determined as follows:
1. The upper limit of the first tranche is set at four times the ceiling for calculating social security contributions referred to in Article L. 241-3 of the Social Security Code in force in the current year;
2. The upper limit of the second tranche is eight times the ceiling for calculating social security contributions referred to in Article L. 241-3 of the Code of Social Security in effect for the current year. "

Article 15
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Article R. 426-16-2 of the same code is replaced by the following:
"Art. R. 426-16-2.-Pensions are adjusted on January 1 of each year by the percentage change between the price index excluding tobacco, all France, published by the National Institute of Statistics and studies economic relating to November of the previous year and the same index relating to November of the penultimate year. "

Article 16
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After Article R. 426-16-2 of the same code, it is inserted Article R. 426-16-3 as follows:
"Art. R. 426-16-3. - When the number of years that have been contributions or buybacks, pursuant to Article R. 426-14, is at least equal to twenty-five, the pension calculated at the effective date of the law and before applying a discount can be less than 2% of the annual social security ceiling referred to in Article L. 241-3 contributions were made by annuity or redeemed pursuant to Article R. 426-14. "

Article 17
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Article R. 426-17 of the Code is replaced by the following:

"Art. R. 426-17.-In case of death or permanent total disability following an accident occurred air service and in case of death resulting from a recognized disease attributable to air service, the number of annuities taken into account for the calculation of direct pension or survivors 'and orphans' pensions is carried to number of years that the person would have totaled if he had paid contributions until the age specified in Article R . 426-12 or, if later, until the age attained at the date of the accident, provided such operation does not lead to exceed, in both cases, twenty-five annual installments . Notwithstanding the provisions of Article R. 426-11, the pension is paid without discount.
In case of permanent inability to perform the flight of business resulting from an air accident in service or illness attributable to air service, the number of vested annuities taken into account is equal to the sum of annuities acquired under Article R. 426-13 and additional annual installments. The number of additional years of service is equal to half the difference between twenty to five and the number of years acquired under Article R. 426-13, without exceeding half the difference between the predicted age at Article R. 426-12 and attained age when the permanent unfitness finding. If leaving the profession for reasons other than health, accountability to the air service must be requested within two years of retirement. Notwithstanding the provisions of Article R. 426-11, the pension is paid without discount. "

Article 18
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Article R. 426-19 of the Code is replaced by the following:
"Art. R. 426-19.-I. - In case of death of an insured activity or a pensioner during enjoyment or right to deferred pension, the surviving spouse can receive and all the children of the affiliate, dependent within the meaning of Article R. 426-20 of the code, are respectively entitled to survivor's pension and orphan's pension under the conditions specified in this section.
II. - The survivor's pension for the benefit of the surviving spouse can receive is equal to a percentage of the member's pension set at 60%.
If the deceased member was active and holds a current enjoyment of pension, entitlement to survivor's pension immediately.
In other cases, entitlement to survivor's pension is deferred until the date on which the member would have reached age mentioned in Article R. 426-12. This entitlement is immediate if the deceased was affiliated with at least one dependent child at the time of his death.
The taking possession of the survivor's pension is fixed to the opening date of the law, provided that the beneficiary of the pension has sent a written request to the fund within a period of six months following the date of entitlement.
The board of the affiliate for determining the survivor's pension referred to above is the one defined in the first, second and third paragraphs of Article R. 426-16-1 plus if instead, given the provisions of Article R. 426-17.
If the deceased member was active or holds a pleasure being accompanied by a pension increase and had not reached the age referred to in Article L. 161-17-2 of the Code of social security at the time of his death, the pension of the member for determining the survivor's pension is subject to a charge under the following conditions: 1
If the surviving spouse shall receive the benefits of a statutory scheme compulsory maternity insurance other than that established by law No 99-641 of 27 July 1999 establishing a universal health coverage, the increase is in the amount of 0.8% of the monthly ceiling for calculating contributions social security in force by annuity validated within the limit of twenty-five;
2. If the surviving spouse within the scope of application of the law of 27 July 1999 mentioned above, the increase is by an amount comprising firstly 0.8% of the monthly ceiling for calculating social security contributions in force by annuity validated within the limit of twenty-five, and the other 5% of the monthly pension of the deceased affiliate calculated in accordance with the first subparagraph of Article R. 426 -16-1;
3 If the surviving spouse enters neither case provided for above, the increase is in the amount of 1.12% of the monthly ceiling for calculating social security contributions in force by annuity validated within the limit of twenty-five.

This increase is taken into account in calculating the pension, until the date on which the deceased member would have attained the age specified in Article L. 161-17-2 of the security code social.
III. - The orphan's pension benefit for each dependent child is 12% of the pension of the affiliate. The rate is increased to 50% in favor of each of the orphans of father and mother, under 21 years, and no age limit for the benefit of the disabled child as defined in Article R. 426-20 .
The entitlement to orphan's pension is immediate. The taking possession of the orphan's pension is fixed to the opening date of the law, provided that the recipient of the pension or his legal representative has sent a written request to the fund within a period of six months following the opening date of the law.
The board of the affiliate to determine the orphan's pension referred to above is the one defined in the first, second and third paragraphs of Article R. 426-16-1 plus if appropriate, given the provisions of Article R. 426-17.
If the deceased member was active or a pensioner during enjoyment together with a surcharge, if he had not attained the age specified in Article L. 161-17-2 code of social security at the time of his death, the pension of the member to determine the orphan's pension is subject to a charge under the following conditions: 1
If the orphan to receive benefits a compulsory statutory scheme of maternity insurance other than that established by the law of 27 July 1999 establishing a universal health coverage, the increase is in the amount of 0.8% of the monthly ceiling for calculating contributions social security in force by annuity validated within the limit of twenty-five;
2. If the orphan into the scope of the law of 27 July 1999 mentioned above, the increase is by an amount comprising firstly 0.8% of the monthly ceiling for calculating social security contributions in force by annuity validated within the limit of twenty-five, and the other 5% of the monthly pension of the deceased affiliate calculated in accordance with the first subparagraph of Article R. 426-16 -1;
3. If the orphan enters neither case provided for above, the increase is in the amount of 1.12% of the monthly ceiling for calculating social security contributions in force by annuity validated within the limit of twenty-five.
This increase is taken into account in calculating the pension, until the date on which the deceased member would have attained the age specified in Article L. 161-17-2 of the security code social.
IV. - Total survivors' pensions and orphans allocated may not exceed 100% of the pension of the affiliate. If there is surplus, the pension granted to each of the beneficiaries is reduced proportionally. "

Article 19
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In Article R. 426-20 of the Code:
1. The first paragraph reads:
"Are considered as dependent children for the purposes of this Code the children under twenty-one whose parentage is legally established under Title VII of Book I of the Civil Code or the result of a full adoption, s they are not gainfully employed unless it gives them a wage lower than the salary used to calculate child benefit. "
2. In the second paragraph, the words "the date of death of the member or before their twenty-first birthday if it is after the death of the insured" are replaced by the words "before their twenty-first birthday or before their twenty-fifth birthday if they continue secondary or higher education. "

Article 20
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Article R. 426-21 of the Code is replaced by the following:
"Art. R. 426-21.-The spouse is unfit to receive upon remarriage.
When the death of the member or pensioner, there is a surviving spouse and one or more divorced spouses able to receive the survivor's pension is divided between the surviving spouse and divorced spouses or, in proportion to the respective duration of each marriage. "

Article 21
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Article R. 426-24 of the Code is amended:
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 calculation of the social security contribution ceiling referred to in Article L. 241-3 of the Code of Social Security at the time of the possible opening the right to a pension is paid, in lieu of payment of entitlements in the form of a monthly pension, a lump sum equal to the product of the amount of annual theoretical rights and a coefficient fixed by the Board of administration based on the beneficiary's age at the effective date of the liquidation rights. "

Article 22
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In Article R. 426-26 of the Code, the words "to the extent of 1% of the contributions received during the previous year in the three other funds" are replaced by the words "in to 0,2% of the contributions received during the previous year in the fund referred to in Article R. 426-27. "

Article 23
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Article R. 426-27 of the same Code is amended as follows: 1. The
b is replaced by the following:
"b) Section called mark-Fund, responsible for monitoring the operations planned by the fourth paragraph of Article R. 426-16-1, the sixth paragraph of II and III of the fourth paragraph of Article R. 426-19. ";
2 ° d is removed.

Article 24
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After Article R. 426-27-1 of the same code, it is inserted Article R. 426-27-2 as follows:
"Art. R. 426-27-2.-The Board of Directors of the Pension Fund for flying personnel of civil aviation monitors the financial stability of the regime in accordance with Article L. 6527- 8 as follows.
It determines each year, before 30 June, the value of plan management indicators. These indicators relate in particular to the level of reserves at the valuation date, the level of reserves projected long-term and coverage of future benefits for future contributions for the period at least equal to the life expectancy of the generation reaching retirement age and reserves to a horizon of thirty years.
The board is set, at least every four years, a report on the financial situation of the scheme by an independent actuary. This analysis, based on the plan's financial situation at the end of last year, aims to measure the impact of decisions taken in the past on the technical parameters of the regime, in particular the setting of premium rates and rate appeal fees, fees for eligibility of pension and benefit levels. The fixed body board at least six months before publication of the report the assumptions for the preparation of this report, and sensitivity studies for the calculation of long-term projections of balance diet, particularly with regard to the return on plan assets and on evolution in forecasting the airline industry and the economic situation and its impact on the population covered. "

Article 25
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Articles R. 426-11-1, 426-11-2 R., R. 426-11-3, 426-11-4 R., R. 426-15-1, R. 426-18 R. 426-18-1, R. 426-22, R. 426-23 and R. 426-25 of the code are repealed.

Article 26
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I. - Notwithstanding the provisions of Section I of Article R. 426-11 of the Code of Civil Aviation, the annuity condition in 2 shall be as follows for pensions with effect from 1 January 2012 and 31 December 2019:
1. From 1 January 2012 to 31 December 2012 to 16 installments;
2. From 1 January 2013 to 31 December 2013 to 16.5 annuities;
3. From 1 January 2014 to 31 December 2014 to 17 installments;
4. From 1 January 2015 to 31 December 2015, to 17.5 annuities;
5. From 1 January 2016 to 31 December 2016 to 18 annual installments;
6. From 1 January 2017 to 31 December 2017, to 18.5 annuities;
7. From 1 January 2018 to 31 December 2018 to 19 annual installments;
8. From 1 January 2019 to 31 December 2019 to 19.5 annuities.
II. - Notwithstanding the provisions of A of Section II of Article R. 426-11 of the Code of Civil Aviation, the following rules are applied for pensions with effect from 1 January 2012 and 31 December 2020:
1. The age and the number of years mentioned in 1 are fixed:
- From 1 January 2012 to 31 December 2012, fifty years, 6 months and 26 annual payments;
- From 1 January 2013 to 31 December 2013, fifty-one and 26.5 annuities;

- 1 January 2014 to 31 December 2014, fifty-one years, 6 months and 27 annual payments;
- From 1 January 2015 to 31 December 2015, fifty-two years and 27.5 annuities;
- From 1 January 2016 to 31 December 2016 to fifty-two years and 6 months and 28 annual payments;
- From 1 January 2017 to 31 December 2017, fifty-three and 28.5 annuities;
- 1 January 2018 to 31 December 2018 to fifty-three years and 6 months and 29 annual payments;
- January 1, 2019 to December 31, 2019, fifty-four years and 29.5 annuities;
- From 1 January 2020 to 31 December 2020, fifty-four years and six months and 30 annual payments;
2. The sum of age and the number of years referred to in 2 ° is fixed:
- From 1 January 2012 to 31 December 2012, to 76;
- From 1 January 2013 to 31 December 2013, 76.5;
- From 1 January 2014 to 31 December 2014 77;
- From 1 January 2015 to 31 December 2015, 77.5;
- From 1 January 2016 to 31 December 2016 to 78;
- From 1 January 2017 to 31 December 2017, 78.5;
- 1 January 2018 to 31 December 2018 to 79;
- From 1 January 2019 to 31 December 2019, 79.5;
- From 1 January 2020 to 31 December 2020 80.
III. - Subject to the application of Article VII of this and notwithstanding the provisions of the B II of Article R. 426-11 of the Code of Civil Aviation, where liquidation is carried out, before 31 December 2025, between the age of fifty-five years of age and under Article R. 426-12, the number of years required, acquired for valuable services for retirement as defined in Article R. 426-13, to a liquidation of the full pension is equal to:
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. From 1 January 2025 to 31 December 2025: 29.
IV. - Notwithstanding the provisions of Article R. 426-16-1-1 of the Code of Civil Aviation, the upper limit of the first tranche is equal to the product of the annual ceiling for calculating social security contributions referred to in Article L. 241-3 of the code of social security, applicable under the current year, and an equal coefficient:
1 For fiscal 2012, to 3.55;
2. For fiscal 2013, 3.6;
3. For the year 2014, to 3.65;
4. For the year 2015, 3.7;
5. For the year 2016, to 3.75;
6. For the 2017 year, 3.8;
7. For fiscal year 2018, to 3.85;
8. For the year 2019, 3.9;
9 ° For the year 2020 to 3.95.
V. - Notwithstanding Article R. 426-16-2, pensions are adjusted on 1 January 2012 the percentage change between the index of change in prices excluding tobacco consumption, all France, published by the Institut national de la statistique et des études économiques related to February 2011 and the same index related to November 2011.
VI. - On 1 January 2012 the funds referred to in b and c of article R. 426-27 of the Civil Aviation Code are equal to:
1 b Funds mentioned in Article R. 426-27: € 100 million;
2 ° c Fund mentioned in Article R. 426-27: € 10 million.
The surplus of these funds is allocated to the fund mentioned in Article R. 426-27 of the Code.
VII. - The provisions of the B II of Article R. 426-11 of the Civil Aviation Code come into force on 1 January 2022, unless the Board of Directors of the Pension Fund for flying personnel of civil Aeronautics notes during the year 2020 by a reasoned decision, that the indicator values ​​on the financial situation of the long-term plan and the conditions for exercising the activity, set pursuant to Article R. 427-27-2 of the code of civil Aviation, reach their targets defined under Article IX of this and that the condition of financial balance of the scheme provided for in Article L. 6257-8 is well filled.
VIII. - The provisions of Article 18 shall apply to survivor benefits arising from deaths occurring on or after 1 January 2012.

IX. - The indicators provided in the second paragraph of Article R. 426-27-2 of the Civil Aviation Code are reviewed by the Board of the Pension Fund for flying personnel employed in civil aviation at the latest in the course of fiscal 2014. These indicators are accompanied target values ​​referred to in Article VII of this. The first report under the third paragraph of that article is reviewed by the Board of the Pension Fund for flying personnel employed in civil aviation at the latest in the course of fiscal 2015.
X. - The provisions of this Decree shall enter into force on 1 January 2012.


Article 27 More about this item ...

The Minister for Ecology, Sustainable Development, Transport and Housing, the Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts and State Reform , spokesman of the Government and the Minister to the Minister for ecology, sustainable development, transport and housing, responsible for transport, are responsible, each in regards to the implementation of this Decree which will be published in the Official Journal of the French Republic.


Dated November 10, 2011. Fillon

By the Prime Minister:
Labour Minister,
employment and health, Xavier Bertrand

The Minister for Ecology, Sustainable Development
,
transport and housing, Nathalie Kosciusko-Morizet

the Minister of budget, public accounts
and reform of the state,
spokesman of the Government, Valérie Pécresse

the Minister to the Minister for ecology, sustainable development
,
transport and housing
for transport Thierry Mariani

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