Summary Modification of articles 1, 3, 3B, 3 c and 9 of Decree 73-937 and addition of articles 3 d and 4 bis y written. Amendment of article 8 of the Decree 2010-1734.
Keywords Social Affairs, health, social security, social security, CSS, insured SOCIAL, artisan PROFESSION, CRAFTSMAN, professional commercial, merchant, activity NON employee, worker NON employee, CODE TNS, PENSION, retirement, old age insurance, old age insurance system, pension plan contribution social, retirement of BASE JORF n ° 0233 October 6, 2012 page 15627 text no.12 Decree No. 2012-1129, October 4, 2012 on the artisanal and commercial professions pension scheme applicable to the insurance periods or periods of activity previous self-employed 1 January 1973 NOR: AFSS1206774D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/10/4/AFSS1206774D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2012/10/4/2012-1129/jo/texte interested Publics: self-employed persons contributed to pension of craftsmen and tradesmen database prior to 1973.
Subject: updating of the rules applicable to pension base of artisans and merchants before 1973.
Entry into force: the text comes into force the day following its publication.
Notice: the craftsmen and traders who have exercised their self-employment before 1973 contributed until 1972, with basic pension schemes which applied separate rules from those provided for the general scheme. Access to these schemes has been closed from 1973 and the craftsmen and traders now contribute to regimes whose rules are aligned with those of the general scheme.
Of activity periods prior to 1973 give rise to rights that continue to be calculated according to the texts in force on December 31, 1972, subject to modifications by Decree. The Decree transposes into pension base of artisans and traders prior to 1973 of the recent measures have been taken for the general scheme and plans of artisans and merchants in force since 1973: the increase of insurance period of parents of children with disabilities, employment pension, survivor's pension increase cumulation, the fixing of the amount of the redemption of the quarters of graduate or years incomplete as well as the possibility for craftsmen and traders benefiting from recognition the quality of worker disabled to retire early.
References: the provisions of the social security code amended by this Decree may be consulted in their drafting resulting from this change, the site of Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister, on the report of the Minister of economy and finance and the Minister of Social Affairs and health, having regard to the code of civil and military retirement pensions;
Having regard to the code rural and maritime fishing;
Having regard to the code of social security;
Seen the labour code;
Pursuant to law n ° 2003-775 21 August 2003 on reform retreats;
Pursuant to law n ° 2011 - 1906 December 21, 2011 funding of social security for 2012, including section 93;
Considering Decree No. 73-937 2 October 1973 as amended concerning the application of article L. 634 - 3 of the code of social security and benefits of professions craft, industrial pension insurance schemes and business relating to the periods of insurance or of self-employed activity prior to 1 January 1973;
Considering Decree No. 2010 - 1734 30 December 2010 on the age for entitlement to retirement pension and on the implementation of articles 17, 20 (III) and 21 (III) Act No. 2010-1330 9 November 2010 on reform retreats;
Having regard to the opinion of the Board of Directors of the National Fund of the social regime of Independents as of February 14, 2012, enacts as follows: Article 1 more on this article...
Decree of 2 October 1973 referred to above is amended as follows: 1 ° to the I of article 1, the words: "the increase in duration of insurance provided for in article L. 351 - 4 of the code of social security" are replaced by the words: "increases in insurance period laid down in articles L. 351 - 4 and L. 351-4-1 of the code."
2 ° article 3 is supplemented by an IV which reads as follows: "(IV). ― For insured persons born in 1953 and 1954, the insurance period required to qualify for a pension at full rate is that provided for in article 9 of Decree No. 2010-1734, December 30, 2010, relative to the age of entitlement to retirement pension and concerning the application of articles 21 (III) and 17.20 (III) Act No. 2010-1330 9 November 2010 on pension reform.
For insured persons born after January 1, 1955, insurance period required to qualify for a pension at the full rate shall be that fixed by the decree referred to in the first subparagraph of IV of article 5 of Act No. 2003-775 of 21 August 2003 on pension reform. » ;
3 ° to the b of 1 °, 2 ° and 3 ° of article 3 as well as the sixth and seventh paragraphs of 3 ° of the annex to this article, the words: "is notified of the acceptance of its application" shall be replaced by the words: "this its application."
4 ° article 3 c is amended as follows: has) in the first paragraph of the I, the reference: "L. 634 - 3" is replaced by the reference: "L. 634-3-3";
(b) in the I 1, after the words: "article D. 351-1-6 of the code of social security" shall be inserted the words: "or were disabled workers within the meaning of article l. 5213-2 of the labour code".
(c) the II is supplemented by the following words: "or enjoyed the quality of disabled worker within the meaning of article l. 5213-2 of the labour code".
5 ° after article 3 c, inserted a 3 section d as follows: «art.» 3. d-payments referred to in the first paragraph of articles L. 351-14-1, L. 634-2-2, L. 643 - 2 and L. 723-10-3 of the code of social security, in article L. 732-27-1 of the rural code and of sea-fishing and in the fifth paragraph of article L. 9 bis of the civil and military retirement pensions code, and than those provided by regulatory provisions having the same object are not taken into account for the benefit of the provisions of articles 3 bis and 3 c.
This article is applicable to payment applications filed as from the date of publication of the Decree n ° 2012 - 1129 of October 4, 2012 on the artisanal and commercial professions pension scheme applicable to the periods of insurance or of self-employed activity prior to 1 January 1973 and taken into account for the calculation of pensions pension taking effect from the first day of the calendar month following publication. » ;
6 ° after article 4, there shall be inserted an article 4 read as follows: «art.» 4. bis - the provisions of articles L. 634 - 6 and L. 634-6-1 of the social security code are applicable to the benefits referred to in article L. 634 - 3 of the same code.
When the insured receives also a pension in respect of insurance periods completed subsequent to December 31, 1972 in craft, industrial and commercial professions pension insurance schemes, the denominator of the report provided for in article D. 634-11-5 of the code is equal to the total of the pension and benefits provided for in the preceding paragraph, in the conditions laid down by that article. » ;
7 ° article 9 is completed through an IV which reads as follows: "(IV). — Pensions and allowances referred to in this article shall be increased under the conditions laid down in article L. 353 - 6 of the code of social security. ' Article 2 more on this article...
II of article 8 of the Decree of December 30, 2010, referred to above, the reference to article 1 is replaced by the reference to article 3.
Article 3 read more on this article...
The Minister of economy and finance, the Minister of Social Affairs and health and the Minister delegate to the Minister of economy and finance, in charge of the budget, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Made on October 4, 2012.
Jean-Marc Ayrault by Prime Minister: the Minister of Social Affairs and health, Marisol Touraine of economy and finance, Minister Pierre Moscovici the Minister delegate to the Minister of economy and finance, in charge of the budget, Jérôme Cahuzac