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Decree No. 2013-255 Of March 26, 2013, Laying Down The Procedures For The Application Of The Ix Of Section 64-1 Of Act No. 2001-616 Of 11 July 2001 On Mayotte

Original Language Title: Décret n° 2013-255 du 26 mars 2013 fixant les modalités d'application du IX de l'article 64-1 de la loi n° 2001-616 du 11 juillet 2001 relative à Mayotte

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Keywords

BUDGET , ECONOMIE , OUTRE-MER , MAYOTTE , FONCTIONNAIRE , AGENT PUBLIC , PENSION , RETRAITE , CAISSE DE RETRAITE DES FONCTIONNAIRES ET AGENT PUBLICS DE MAYOTTE , SECURITE SOCIAL DROIT , ASSURE SOCIAL


JORF no.0074 of 28 March 2013 page 5258
text No. 9



Decree No. 2013-255 of 26 March 2013 establishing the terms and conditions for the application of Article 64-1 of Law No. 2001-616 of 11 July 2001 on Mayotte

NOR: BUDB1240562D ELI: https://www.legifrance.gouv.fr/eli/decret/2013/3/26/BUDB1240562D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2013/3/26/2013-255/jo/texte


Public concerned: insured persons who have acquired rights under the pension plan of the public servants and agents of Mayotte to whom II and VII of Article 64-1 of Law No. 2001-616 of 11 July 2001 relative to Mayotte are not applicable, as well as their cause.
Subject: modalities for the distribution of pension expenses due by the pension fund of Mayotte officials and public officials to the insured persons mentioned above.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree concerns the insured persons of the pension fund of the public servants and agents of Mayotte who have acquired rights in this regime and who have not been incorporated into bodies of the public service of the State, the territorial public service or the hospital public service pursuant to the II of Article 64-1 of Law No. 2001-616 of 11 July 2001 relative to Mayotte. The text provides that the pension coverage due by the Mayotte public service pension fund to those insured persons or their beneficiaries is divided between the State pension service and the National Pension Fund for Local Government Employees based on the employment of the insured persons before they cease to be affiliated with the Mayotte public service pension fund.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr). It is taken for the application of IX of Article 64-1 of Law No. 2001-616 of 11 July 2001 relative to Mayotte.
The Prime Minister,
On the report of the Minister of Economy and Finance, the Minister of Social Affairs and Health and the Minister of State Reform, Decentralization and Public Service,
Given the Civil and Military Pension Code;
Vu la Act No. 2001-616 of 11 July 2001 amended on Mayotte, including its article 64-1;
Vu le Decree No. 2003-1306 of 26 December 2003 amended on the pension plan for staff members affiliated to the National Pension Fund for Local Government Officers;
Vu le Decree No. 2007-173 of 7 February 2007 amended on the National Pension Fund for Local Government Officers;
Considering the referral of Mayotte's General Council dated 31 December 2012;
In the light of the opinion of the Supervisory Board of the Caisse des dépôts et consignations dated 23 January 2013,
Decrete:

Article 1 Learn more about this article...


This Decree specifies the modalities for the implementation of provisions of Article 64-1 of the Act of 11 July 2001 referred to above.
It applies to insured persons who have acquired rights under the pension plan of the public servants and agents of Mayotte to whom the II and VII of the same section are not applicable, as well as to their beneficiaries.

Article 2 Learn more about this article...


Pensions due by the Mayotte public service pension fund to insured persons referred to in section 1 shall be paid:
1° By the National Pension Fund for Local Government Officers when the insured person held, at the time that he ceased to be a member of the Mayotte public service pension fund, a job that would have resulted in membership in the National Pension Fund for Local Government Officers if the provisions of Article 64-1 of the Act of 11 July 2001 referred to above it had been applicable;
2° By the state pension service when the insured person occupied, at the time that he ceased to be affiliated with the pension fund of the public authorities and agents of Mayotte, a job that would have given rise to membership in the service of the state pension if the public authorities provisions of Article 64-1 of the Act of 11 July 2001 referred to above had been applicable to him.

Article 3 Learn more about this article...


Pensions referred to in Article 2 not liquidated as at 31 December 2010 are pre-liquidated by the pension fund of public officials and officials of the Mayotte public authorities or, as of the dissolution of the latter, by the department or agency responsible for the liquidation of the pension fund.
They are notified to the insured persons concerned and to their host regime within six months of the date of publication of this Order. The notification refers to the detailed account of the pre-liquidation and presents an authentic statement of the services taken into account in calculating the pension.

Article 4 Learn more about this article...


As of the notification, the insured person has a period of two months to challenge the detailed account of the pre-liquidation and the authenticity of the services carried out during the period of affiliation to the Mayotte public service or the agency responsible for the liquidation of the pension fund. It also has a period of one year to request the rectification of an error of law committed in the preliquidation.
This pension may not be revised on the initiative of the Mayotte public authorities and officials' pension fund or, as of the dissolution of the latter, of the department or agency responsible for the liquidation of the pension fund only in the event of an error of law and within the same period of one year.

Article 5 Learn more about this article...


The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of State Reform, Decentralization and Public Service, and the Minister of Overseas are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done on March 26, 2013.


Jean-Marc Ayrault


By the Prime Minister:


Minister of Economy and Finance,

Pierre Moscovici

Minister of Social Affairs

and Health,

Marisol Touraine

The Minister of State Reform,

decentralization

and the Public Service,

Marylise Lebranchu

Minister of Overseas,

Victorin Lurel


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