Key Benefits:
Public officials, judges and military personnel under the Civil and Military Pension Code.
Subject: amendment to the application for retirement.
Entry into force: the new pension admission procedure is applicable from the date fixed by interdepartmental orders.
Notice: The purpose of this decree is to provide that the application for retirement is now directly instructed by the State pension service. Public servants, magistrates or military personnel must file their pension application six months before the date on which they wish to cease their activity with the State pension service in place of the Ministry of Employment. It also postpones the deadline for the implementation of the reform of the individual pension accounts (IRBs) to December 31, 2014.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy and Finance and the Minister of State Reform, Decentralization and Public Service,
Based on the Civil and Military Pension Code, including articles D. 1, D. 20 and D. 21;
Vu le Decree No. 2011-616 of 30 May 2011 amending various provisions of the regulatory part of the Civil and Military Pension Code and repealing Decree No. 80-792 of 2 October 1980 aiming to accelerate the regulation of State pension rights,
Decrete:
The Civil and Military Pension Code is amended as follows:
I. ― Section D. 1 is amended as follows:
1° The first paragraph is replaced by the following:
"The grievor, the magistrate or the member shall file his or her application for retiring, by way of hierarchy, at least six months before the date on which he or she wishes to cease his or her activity, with the manager service he or she reports to."
2° The last paragraph is replaced by the following:
"The decision to delist executives is communicated without delay to the service of state pensions. »
II. Section D. 20 is replaced by the following provisions:
"Art. D. 20.-I. ― The grievor, the magistrate or the member shall file his pension application six months before the date on which he wishes to cease his activity with the State pension service.
The pension is granted no later than one month before the effective date of the executives' write-off. However, in the event of continuing to function or in overcrowding activity, beyond the age limit, the pension is granted no later than one month before the end of the maintenance.
II. ― The reasoning of the deceased civil servant, magistrate or member before or after his or her retirement is to file his application for a reversion pension with the State pension service. »
III. ― Section D. 21 is amended as follows:
At 1°, the words "retirement admission" are replaced by the words "retirement".
At 2°, the words: "if this document is not already in the administrative file" are deleted.
At the end of first paragraph of Article 6 of the Decree of 30 May 2011 referred to abovethe year: "2012" is replaced by the year: "2014".
The provisions of Article 1 shall take effect with respect to employers of civil servants, magistrates and military personnel, each with respect to them, on a date fixed by joint decree of ministers responsible for the budget and the public service and the minister concerned.
Until that date, the retirement of employers' agents in question is governed by the provisions of sections D. 1, D. 20 and D. 21 of the Civil and Military Pension Code in their drafting prior to the coming into force of this Order.
The Minister of Justice, the Minister of Economy and Finance, the Minister of Defence, the Minister of State Reform, Decentralization and Public Service, and the Minister Delegate to the Minister of Economy and Finance, in charge of the budget, are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 10 January 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
The guard of the seals,
Minister of Justice,
Christiane Taubira
Minister of Economy and Finance,
Pierre Moscovici
Minister of Defence,
Jean-Yves Le Drian
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
