Key Benefits:
Public concerned: pensioners of the National Fund for Electrical and Gas Industries (CNIEG).
Subject: change in pension payment dates; reform of the immediate relief allowance.
Entry into force: the text comes into force on April 1, 2013.
Notice: Pensions provided by the National Fund for Electrical and Gas Industries are currently served by quarter in advance. The Order provides that pensions will now be paid monthly in advance. It also revises the rules for the immediate relief allowance paid to eligible persons in the event of the death of an agent or retired from the electrical and gas industries.
References: this decree and the texts it amends can be consulted, in their writing resulting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy and Finance, the Minister of Social Affairs and Health and the Minister of Ecology, Sustainable Development and Energy,
Vu le Decree No. 46-1541 of 22 June 1946 approving the national status of electric and gas industry personnel;
Vu le Decree No. 2005-278 of 24 March 2005 the National Fund for Electrical and Gas Industries;
Vu le Decree No. 2011-290 of 18 March 2011 concerning the special regime of personnel in the electrical and gas industries;
Considering the advice of the Board of Directors of the National Electrical and Gas Industries Fund dated 20 September 2012;
Considering the opinion of the Higher Energy Council of 23 October 2012;
In view of the letters dated 28 September 2012 by which the most representative national trade union organizations of the electric and gas industry staff were invited to share their views and opinions received,
Decrete:
The third paragraph of I of Article 22 of Schedule 3 to the national status of electric and gas industry personnel annexed to the above-mentioned Decree of 22 June 1946 is replaced by the following provisions:
"Except for the purposes of the provisions of the previous paragraph, the reversion pension takes effect on the first day of the month following the death. »
In the first paragraph of Article 26 of Schedule 3 to the national statute of the personnel of the electrical and gas industries annexed to the above-mentioned Decree of June 22, 1946, the word "quarter" is replaced by the word "month".
Section 27 of Schedule 3 to the national statute of the personnel of the electrical and gas industries annexed to the above-mentioned Decree of 22 June 1946 is amended as follows:
1° The third preambular paragraph shall be replaced by the following subparagraph:
"This pension takes effect on the first day of the month following the death. » ;
2° In the fourth and final paragraph, the word "quarter" is replaced by the word "month".
In the last paragraph of section 39 of Schedule 3 to the national status of the personnel of the electrical and gas industries annexed to the above-mentioned Decree of June 22, 1946, the words: "for active agents or on the first day of the quarter following the death for agents holding an old age or disability pension" are deleted.
Article 40 of Schedule 3 to the national statute of the personnel of the electrical and gas industries annexed to the above-mentioned Decree of 22 June 1946 is thus amended:
1° The first preambular paragraph shall be replaced by a subparagraph to read:
"The benefits provided in securities II, III and IV are paid per month in advance on the first working day of each month by transfer and are acquired to the eligible beneficiaries in the event of the death of the beneficiary during the month. » ;
2° In the second paragraph, the words "reported to the month" are replaced by the word "monthly".
After Title IV of Schedule 3 to the national status of the personnel of the electrical and gas industries annexed to the above-mentioned Decree of 22 June 1946, a title IV bis is inserted as follows:
« TITRE IV BIS
« PRESTATIONS DECÈS
"Art. 38-1.-An immediate relief allowance shall be awarded, in the event of the death of an agent related to the enterprise by the employment contract resulting from Article 4 of the national statute of the personnel of the electrical and gas industries or a holder of a statutory pension of direct or disability, to the spouse, or, in the absence of equal shares, to children born of the officer or adopted shares, or, if not
"In the event of the death of an agent related to the company by the employment contract resulting from section 4 of the national status of personnel in the electrical and gas industries or a holder of a disability pension engaged in a professional activity as a statutory agent in the electrical and gas industries, the immediate relief allowance is equal to two months of the remuneration received or benefited the deceased agent. The remuneration taken into account is calculated for a full-time work schedule, regardless of the situation of the deceased officer, on the basis of his hierarchical coefficient, seniority, residential increase and year-end gratification provided for in Article 14 of the national status of the personnel of the electric and gas industries, including.
"In the event of the death of a holder of a direct-right old-age pension under Part I of this Schedule or a holder of a disability pension under Part IV of this Schedule having no work activity in the electrical and gas industries, the immediate relief allowance is three months from the pension to which the deceased officer was entitled.
"The immediate relief allowance calculated under the second and third paragraphs of this section shall not be less than the hierarchical value of which is immediately greater than 325.
"The immediate relief allowance is provided upon request by the beneficiaries mentioned in this section to the National Electrical and Gas Industries Fund. »
The last paragraph of Article 17-1 of Annex 3 to the national statute of the personnel of the electrical and gas industries annexed to the above-mentioned Decree of 22 June 1946 is deleted.
Paragraph 5 of Article 26 of the National Staff Regulations for Electrical and Gas Industries annexed to the above-mentioned Decree of 22 June 1946 is repealed as well as any previously applicable regulatory provision for the award of immediate relief benefits.
This Order comes into force on April 1, 2013.
The provisions of section 38-1 of Schedule 3 to the national statute of the personnel of the electrical and gas industries annexed to the above-mentioned Decree of 22 June 1946 apply for the deaths that occurred from that same date.
The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of Ecology, Sustainable Development and Energy, and the Minister Delegate to the Minister of Economy and Finance, in charge of the budget, are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 15 January 2013.
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
