Key Benefits:
Publics concerned: professional navigating personnel of civil aeronautics.
Subject: Supplementary Retirement Plan for Professional Air Aviation Staff.
Entry into force: the text comes into force on the day after its publication.
Notice: the text sets out the conditions under which the State and the pension fund of professional air travellers of civil aeronautics (CRPN) can conclude a convention of objectives and management. It implements a request from the Board of Directors of the CRPN in June 2012 that pensions for orphans with disabilities be set at 72% and not 50%. For the 2013 fiscal year, it sets out the rates of contributions allocated respectively to the "majority fund" section and the "insurance fund" section of the fund. Finally, it makes minor modifications, mainly of coherence, of the regulatory part of the Civil Aviation Code.
References: The Civil Aviation Code as amended by this Decree can be consulted, in its drafting, on the Legifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs and Health, the Minister of Economy and Finance and the Minister of Ecology, Sustainable Development and Energy,
Considering the Civil Aviation Code;
Considering the transport code, including articles L. 6527-5 and L. 6527-7;
The State Council (Social Section) heard,
Decrete:
In section R. 426-1 of the Civil Aviation Code, the words: "Personals meeting the conditions of the preceding paragraph and employed by a foreign company" are replaced by the words: "Personals meeting the conditions of the first paragraph of section L. 6527-1 of the Transportation Code and employed outside France by a foreign company".
In the eighth paragraph of section R. 426-2 of the same code, after the words "of the Minister for Civil Aviation" are inserted the words "from the Minister for Social Security".
Before section 1 of chapter VI of title II of Book IV of the same code, an article R. 426-4 is reinstated as follows:
"Art. R. 426-4.-The civil aviation professional pension fund can conclude with the State a convention of objectives and management with mutual commitments of the signatories. This Convention sets out the multi-year management objectives, the operational means available to the caisse and the actions implemented for these purposes by each signatory.
"This agreement, concluded for a minimum period of three years, states:
« 1° Objectives related to the implementation of the legislative and regulatory provisions governing risk management, benefit service and assessment recovery;
« 2° The rules for calculating and changing the management and social action budget;
« 3° Objectives related to the improvement of the quality of service to insured persons, the performance of management, the cost of management, financial management and social action;
« 4° The conflicting assessment process for results achieved against the targets set;
« 5° The terms and conditions of conclusion of amendments during the performance of the convention.
"It contains quantitative and qualitative indicators associated with the definition of objectives.
"The signing of this agreement is authorized by a deliberation of the board of directors. »
In the first and second paragraphs of article R. 426-10 of the same code, the words "June 30" are replaced by the words "December 31 of the previous year".
In R. 426-12 of the same code, the words: "as defined in R. 426-1" are deleted.
Section R. 426-14 of the same code is amended as follows:
1° In the second sentence of b of the I, the words: "if the person concerned is performing the contributions set out in sections R. 426-6, R. 426-7, R. 426-8 and R. 426-10, based on the gross benefits collected" are replaced by the words: "if they have given rise to the payment of contributions by the employer";
2° In the third sentence of the same b, before the words "taking into account", the word "also" and the word "medium" is deleted;
3° The b of the II is replaced by the following:
“(b) The services referred to in section R. 426-13, taken into account on the basis of all the corresponding gross benefits, i.e., for periods prior to January 1, 2012, when those periods did not result in an employer's contribution, or for periods beginning January 1, 2012, when those periods gave rise to the employer's assessment on the basis of a salary less than the corresponding gross benefits, » ;
4° The c of II is replaced by the following:
"(c) The services referred to in section R. 426-13, f, g, h and i, are taken into account on the basis of 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; »
5° The d of II is replaced by the following:
"(d) The services referred to in the j of section R. 426-13, taken into account on the basis of a salary defined by the board of directors of the caisse; »
6° The e of II is replaced by the following:
“e) Services referred to in k, l and m of section R. 426-13, taken into account on the basis of the last gross annual salary prior to these periods. When this salary was collected over a period of less than 360 days, it is annualized; »
7° The f of the II is replaced by the following:
“(f) The services referred to in section R. 426-13, taken into account, for the period of payment of benefits, either on the basis of gross benefits or on the basis of the gross annual salary of activity prior to those periods, at the discretion of the individual. When this salary was collected over a period of less than 360 days, it is annualized; »
8° II is supplemented by two paragraphs:
“(g) The services referred to in section R. 426-13, taken into account, for the period of payment of benefits, either on the basis of gross benefits or on the basis of the gross annual salary of activity prior to those periods, at the discretion of the person concerned. When this salary was collected over a period of less than 360 days, it is annualized. However, when the National Union for Employment in Industry and Trade (UNEDIC) pays contributions for the supplementary pension of the beneficiary of the benefits served by it, these services are taken into account, for the duration of payment of the benefits, on the basis of a recomposed salary, which is calculated, for the said period, by dividing the amount of the contributions paid by that organization by the rate of contributions defined in sections R. 426-8
"The redemption of periods defined in a to g shall be effected by the affiliate either before the age referred to in 1° of Article R. 426-11, or not earlier than six months before the effective date of the pension, with the exception of periods referred to in the d that may be redeemed up to the age referred to in Article R. 426-12 and not later than the day before the winding-up of the pension. » ;
9° III becomes IV, which is repealed;
10° It is re-established a III as follows:
"III. ― For the redemption of each of the periods referred to in II, the board of directors of the pension fund of the professional airworthiness personnel of the civil aeronautics determines the mode and parameters of calculation of the redemption, under conditions guaranteeing actuarial neutrality.
"This method of calculation is determined for periods defined in a to c and e to g, depending on the age of the insured, on the basis of either the pension supplement resulting from the redemption, or the contributions defined in sections R. 426-6, R. 426-7, R. 426-8 and R. 426-10, as follows:
« 1° For periods referred to in a, on the gross annual salary of activity that was collected before the services are performed within these periods;
« 2° For periods referred to in b, on the corresponding gross benefits, deducted, if any, from contributions already paid by the employer;
« 3° For periods referred to in c, on the first gross annual salary collected in the corresponding period;
« 4° For periods referred to in e, on the last gross annual salary prior to those periods;
« 5° For periods referred to in f and g, either on the basis of the gross benefits collected, or on the basis of the gross annual salary of previous activity, the choice of the individual, or, where the National Union for Employment in Industry and Trade (UNEDIC) pays contributions for the supplementary pension of the beneficiary of the benefits served by it for the periods referred to in g, on the annual gross salary of activity preceding these periods,
« 6° For periods referred to in d, this method of calculation is determined by a coefficient applied to an average salary defined by the board of directors of the credit union on the basis of the pay of activity before the redemption. »
Section R. 426-15-2 of the same code is replaced by the following:
"Art. R. 426-15-2.-By derogation from II of section R. 426-11, receive an undivided pension, from the decision of the medical council of civil aeronautics to finalize:
« 1° Subject to the fact that they justify the age requirement set out in I of section R. 426-11 and that the length of time between the date of their first membership in the plan provided for in this chapter and the effective date of the law shall be at least equal to the period referred to in 2° of the same I, recognized aircrews permanently unable to exercise the profession of navigating by that board;
« 2° Without age or duration:
“(a) Invalid affiliates, in the sense ofArticle L. 341-1 of the Social Security Code, if they were in the pension fund when the causes of final incapacity and disability occurred;
“(b) Recognized affiliates are permanently unfit, as a condition recognized by the civil aeronautics medical board by air service, if they were in the pension fund when the cause of the final incapacity occurred;
"(c) Recognized affiliates are permanently unfit, as a work accident that resulted in a final incapacity, if they were to contribute to the pension fund when the accident occurred.
"For the purposes of this section, the termination of the aircrew activity must be related to the incapacity that occurred.
"The pension shall take effect on the day on which the pension application is filed within six months of the fact that the pension claim is made. »
In the third paragraph of article R. 426-16-1 of the same code, it is added a sentence as follows:
"Also open the right to this increase the children raised by the affiliate and their dependents for at least nine years before their twenty-first anniversary during the period of affiliation that gave rise to contributions. »
Article R. 426-17 of the same code is amended as follows:
1° The first sentence of the first paragraph is replaced by the following:
"In the event of death or total permanent disability as a result of an air accident in service and in the event of death as a result of a recognized illness attributable to the air service of an insured person who had not reached the age specified in section R. 426-12 or 25 annuities, the number of annuities taken into account in the calculation of the direct pension or of the reversion and orphaned pension was » ;
2° In the second sentence of the second paragraph, after the words: "between twenty-five and the number of annuities acquired", the words are inserted: "only expensive".
The first paragraph of Article R. 426-19 of the same code is replaced by three paragraphs as follows:
"III. ― An orphan pension paid for each dependent child, as defined in section R. 426-20, is 12% of the affiliate's pension. However, this rate is increased to:
« 1° 50% for each child orphaned by father and mother;
"2° 72% for the benefit of each orphaned child of a father and mother and has a permanent disability as defined in the second paragraph of Article R. 426-20. »
In the first paragraph of section R. 426-26 of the same code, the words: "old navigators or their right-handed persons or persons who were dependent on navigators or former navigators when they died" are replaced by the words: "participating members of the body".
I. ― For the 2013 fiscal year, the expenses relating to the transactions referred to in section R. 426-27 b of the same code are covered by separate contributions based on the capped gross salary defined in section R. 426-5, of the same code, within the limits of the annual ceiling referred to in theArticle L. 241-3 of the Social Security Code, at the expense of half of employers and half of affiliates, at a rate of 0.68%.
II. ― For the 2013 fiscal year, the expenses relating to the transactions referred to in c of section R. 426-27 of the same code are covered by separate contributions, based on the capped gross salary defined in section R. 426-5 of the same code, to be borne by half of the employers and half of the affiliates, with a rate of 0.10 per cent.
The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of Ecology, Sustainable Development and Energy, the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, and the Minister Delegate to the Minister of Ecology, Sustainable Development and Energy, responsible for the transport, the sea and the fisheries, are responsible, each with respect to the official decree, for the execution of the publication
Done on 31 December 2012.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Social Affairs
and Health,
Marisol Touraine
Minister of Economy and Finance,
Pierre Moscovici
The Minister of Ecology,
Sustainable Development
and energy,
Delphine Batho
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
Minister Delegate
to the Minister of Ecology,
sustainable development and energy,
Transport Officer
of the sea and fishing,
Frédéric Cuvillier
