Key Benefits:
Public officials and military personnel under the Civil and Military Pension Code; civil servants affiliated with the National Pension Fund for Local Government Officers; workers affiliated with the pension scheme of workers of state industrial establishments.
Subject: capital payments or other monthly pension payments under section L. 90 of the Civil and Military Pension Code.
Entry into force: the text comes into force on the day after its publication; Pursuant to the law, this decree is applicable to officials and workers who have been removed from the executives effective 1 January 2011; special provisions are provided by the decree to allow this application to pension liquidated between 1 January 2011 and its date of publication.
Notice: Article L. 90 of the Civil and Military Pension Code provides that pensions less than a monthly amount fixed by decree are paid either in the form of capital or in the form of a periodicity other than monthly under conditions determined by the same decree. These provisions have been extended to pensioners affiliated to the National Pension Fund of local government officials and those affiliated to the pension scheme of workers of state industrial establishments by the State Decree No. 2010-1740 of 30 December 2010.
This Order provides that the monthly amount below which the pension is paid in a form other than a monthly payment is the amount determined by the Social Security Code for the single lump-sum payment of the general plan (paid on a monthly basis, Social Security Code defining the single lump sum payment on an annual basis of Euro154.09 as of April 1, 2012). Pensions below this amount will be paid annually unless the pension holder opts within one year for a capital payment equal to fifteen times the annual amount of the pension.
References: this decree is taken for the application of theArticle 53 of Act No. 2010-1330 of 9 November 2010 reform of pensions. The provisions of the Civil and Military Retirement Pension Code as amended by this Order may be consulted, in their drafting, on the Legifrance website ( http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts and State Reform, spokesperson for the Government, and the Minister of Public Service,
Considering the Civil and Military Pension Code, including article L. 90;
Vu le Social Security Codeincluding its article R. 351-26;
Vu la Act No. 2010-1330 of 9 November 2010 reforming pensions, including article 53;
Vu le Decree No. 2003-1306 of 26 December 2003 amended on the pension plan for staff members affiliated to the National Pension Fund for Local Government Officers, including article 27;
Vu le Decree No. 2004-1056 of 5 October 2004 amended on the pension scheme of workers of state industrial establishments, including Article 37,
Decrete:
I. ― Paragraph I of chapter I of Book III of the Regulation of the Civil and Military Pension Code is supplemented by an article D. 39 bis, as follows:
"Art. D. 39 bis.-The total gross monthly amount is less than the twelfth of the amount provided for in theArticle R. 351-26 of the Social Security Code and revalued in accordance with the terms and conditions set out in this article shall be paid annually and in term expired.
However, the holder of a pension referred to in the first paragraph may, within one year of the date of the winding-up of the pension, opt irrevocably for the payment of a capital equal to fifteen times the annual amount of that pension. This capital is reduced, if any, by the amount of pension already paid on the date of its payment. »
II. ― Section D. 39 bis of the Civil and Military Pension Code is applicable to pensions liquidated pursuant to the decree of December 26, 2003 and decree of 5 October 2004 referred to above.
I. ― This Decree applies to officials and workers who have been removed from the executives effective 1 January 2011.
II. ― For the purposes of Article D. 39 bis of the Civil and Military Pension Code with Liquidated Pensions between January 1, 2011 and the date of publication of this Order:
1° The annual payment referred to in its first paragraph is applicable from the payments due for the year 2013;
2° The one-year period referred to in its second preambular paragraph shall be effective after the publication of this decree.
The Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts and State Reform, spokesman of the Government, and the Minister of Public Service are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 23 April 2012.
François Fillon
By the Prime Minister:
The Minister of Public Service,
François Sauvadet
The Minister of Labour,
employment and health,
Xavier Bertrand
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
