Key Benefits:
Publics concerned: non-employed workers who contributed to basic pension schemes by artisans and traders before 1973.
Subject: Update of the rules applicable to basic pension plans of artisans and traders before 1973.
Entry into force: the text comes into force on the day after its publication.
Notice: Craftsmen and merchants who exercised their non-employed business prior to 1973 have contributed, until 1972, to basic pension plans that applied rules distinct from those provided for in the general regime. Access to these regimes was closed from 1973 and artisans and traders now contribute to regimes whose rules are aligned with those of the general regime.
Periods of activity prior to 1973 give rise to rights that remain calculated according to the texts in force as of December 31, 1972, subject to adaptations by decree. The decree transposes into the basic pension plans of the craftsmen and traders before 1973 recent measures for the general plan and the regimes of the craftsmen and merchants in force since 1973: the increase of the insurance duration of the parents of children with disabilities, the cumulative retirement employment, the increase of the reversion pension, the setting of the amount of the redemption of the trimesters of higher education or incomplete years as well as the possibility for the workers
References: the provisions of Social Security Code Amended by this decree may be consulted, in their writing resulting from this amendment, on the Legifrance website ( 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,
Given the Civil and Military Pension Code;
Considering the rural code and the maritime fisheries;
Vu le Social Security Code ;
Vu le Labour code ;
Vu la Act No. 2003-775 of 21 August 2003 reforming pensions;
Vu la Act No. 2011-1906 of 21 December 2011 Social Security Funding for 2012, including Article 93;
Vu le Decree No. 73-937 of 2 October 1973 modified to implementArticle L. 634-3 of the Social Security Code and relating to the benefits of old-age insurance schemes of artisanal, industrial and commercial occupations relating to periods of insurance or non-employed activity prior to January 1, 1973;
Vu le Decree No. 2010-1734 of 30 December 2010 relating to the age of commencement of pension entitlement and applying sections 17, 20 (III) and 21 (III) of Act No. 2010-1330 of 9 November 2010 reforming pensions;
Considering the advice of the Board of Directors of the Caisse nationale du régime social des indépendants dated 14 February 2012,
Decrete:
The above-mentioned decree of 2 October 1973 is amended as follows:
1° In Article 1, I, the words: "the increase in insurance duration provided for in Article 1Article L. 351-4 of the Social Security Code are replaced by the words: "the insurance time increases provided for in sections L. 351-4 and L. 351-4-1 of the same code";
2° Article 3 is supplemented by an IV as follows:
"IV. ― For insured persons born in 1953 and 1954, the duration of insurance required to receive a full-rate pension is that provided for in theArticle 9 of Decree No. 2010-1734 of 30 December 2010 relating to the age of commencement of pension entitlement and applying sections 17.20 (III) and 21 (III) of Act No. 2010-1330 of 9 November 2010 reform of pensions.
For insured persons born as of January 1, 1955, the duration of insurance required to receive a full-rate pension is that set out in the decree referred to in the first paragraph of Article 5 of Act No. 2003-775 of 21 August 2003 reform of pensions. » ;
3° In the b of 1°, 2° and 3° of Article 3 ter as well as in the sixth and seventh paragraphs of the 3° of the Annex to this article, the words: "is informed of the acceptance of his request" are replaced by the words: "substantiating his request";
4° Section 3 quater is amended to read:
(a) In the first paragraph of I, the reference: "L. 634-3" is replaced by the reference: "L. 634-3-3";
(b) On 1 of I, after the words: "Article D. 351-1-6 of the Social Security Code" are inserted the words: "or were recognized workers with disabilities within the meaning ofArticle L. 5213-2 of the Labour Code » ;
(c) II is supplemented by the following words: "or benefited from the quality of disabled worker within the meaning ofArticle L. 5213-2 of the Labour Code » ;
5° After article 3 quater, it is inserted an article 3 quinquies as follows:
"Art. 3 quinquies.-The payments mentioned in first paragraph of articles L. 351-14-1, L. 634-2, L. 643-2 and L. 723-10-3 of the Social Security CodeArticle L. 732-27-1 of the Rural and Maritime Fisheries Code and the fifth paragraph of Article L. 9 bis of the Civil and Military Retirement Pension Code, as well as those provided by regulations that have the same purpose, shall not be taken into account for the purposes of sections 3 bis and 3 quater.
This section is applicable to claims filed from the date of publication of Decree No. 2012-1129 of 4 October 2012 relating to the old-age insurance plan for artisanal and commercial occupations applicable to periods of insurance or non-employed activity prior to January 1, 1973 and taken into account for the calculation of old-age insurance pensions beginning on the first day of the calendar month following this publication. » ;
6° After Article 4, an article 4 bis is inserted as follows:
« Art. 4 bis.-Les provisions of articles L. 634-6 and L. 634-6-1 of the Social Security Code are applicable to benefits referred to in section L. 634-3 of the same code.
When the insured person also receives a pension for insurance periods after December 31, 1972 in the old-age insurance plans for artisanal, industrial and commercial occupations, the denominator of the report provided for in section D. 634-11-5 of that Code is equal to the total of that pension and the benefits provided for in the preceding paragraph, retained under the conditions provided for in that same section. » ;
7° Article 9 is supplemented by an IV as follows:
"IV. ― Pensions and allowances referred to in this section are increased under the conditions provided for inArticle L. 353-6 of the Social Security Code. »
Aunt II of Article 8 of the above-mentioned Decree of 30 December 2010, the reference to section 1 is replaced by the reference to section 3.
The Minister of Economy and Finance, the Minister of Social Affairs and Health and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 4 October 2012.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Social Affairs
and Health,
Marisol Touraine
Minister of Economy and Finance,
Pierre Moscovici
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
