Key Benefits:
Public concerned: nationals of the special regime for the social security of sailors and seafarers.
Purpose: Take into account in retirement pensions paid by the special regime for the social security of sailors and seafarers for periods of war and fighting in North Africa for the double of their duration.
Entry into force: the text comes into force on the day after its publication.
Notice: the periods of military service in North Africa between 1 January 1952 and 2 July 1962, during which the sailor took part in a fire or combat action or was under fire, are incorporated in the periods eligible for the benefit of the provisions of Article L. 5552-17 of the Transport Code (periods taken into account for twice their actual duration for the calculation of the pension). Pensions liquidated as of October 19, 1999, effective date of Act No. 99-882 of 18 October 1999 by which France has recognized, under strict conditions of equality with combatants of previous conflicts, the services rendered by persons who have participated under its authority in the Algerian War or in the fighting in Tunisia and Morocco between 1 January 1952 and 2 July 1962, may be revised upon request of the persons concerned, deposited after the entry into force of this decree.
References: the French Mariners' Pension Code for Trade, Fisheries or Pleasure amended by this Order can be accessed at the Légifrance website (http://www.legifrance.gouv.fr) in its drafting.
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy, the Minister of Economy and Finance and the Minister of Social Affairs and Health,
Considering the transport code, including its article L. 5552-17;
Considering the Code of Military Disability Pensions and War Victims, including Article L. 1 bis;
Having regard to the French Mariners' Pension Code for Trade, Fishing or Pleasure, including its article R. 6;
Vu la Act No. 52-833 of 18 July 1952 making Indochina and Korea fighters benefit from all provisions relating to war fighters 1939-1945;
The State Council (Social Section) heard,
Decrete:
Section R. 6 of the French Mariners' Pension Code for Trade, Fishing or Pleasure is replaced by the following provisions:
"Art. R. 6.-In accordance with the 1st of Article L. 5552-17 of the Transport Code, count for the double of their duration:
“A. ― As part of the Second World War:
« 1° Between September 3, 1939 and June 1, 1946:
“(a) The services in the service of the State on a warship or requisitioned;
“(b) Services in Channel, North Sea and Atlantic;
"(c) Services in French or allied maritime or military formations having fought on land or in the organizations of Resistance;
"(d) Services on ships whose crews benefited from the premiums of the so-called law of September 14, 1940;
« 2° Between 11 June 1940 and 1 June 1946, the services on board in the Mediterranean or the services on board off the coast of New Caledonia;
« 3° Between June 26, 1940 and October 30, 1943, the periods spent on land pending boarding within the framework of a commitment to free French forces, within a time limit equal to that of boarding during that period.
"B. ― As part of the Indochina War, between September 15, 1945 and October 1, 1957, the services boarded in Indochina by sailors fighting in Indochina. It is considered to have fought in Indochina any member who has performed service in Indochina or who, boarded for Indochina, has been diverted for illness or injury that may open up to the benefit of a military disability pension.
"C. ― During the operations of Korea, between 25 June 1950 and 28 July 1953, the services carried out in Korea by sailors fighting in Korea. It is considered to have fought in Korea any member who has performed service in Korea or who, on board to Korea, has been diverted for illness or injury that may open up to the benefit of a military disability pension.
"D. ― During the Algerian War and the fighting in Tunisia and Morocco, between 1 January 1952 and 2 July 1962, the military services boarded off the Algerian, Tunisian and Moroccan coasts and the military services on land in Algeria, Tunisia and Morocco during which the sailor took part in a fire or combat action or suffered the fire.
"The exhibition in favour of this benefit will be established by the collective archives of the unit to which the sailors were attached or the unit concerning the area in which these actions occurred. »
Retirement pensions for the special regime for the social security of sailors and seafarers liquidated as of October 19, 1999 may be revised in accordance with this decree, without opening the right to interest in delay, from the request of those concerned filed after the coming into force of this decree.
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 transport, the sea and the fisheries, are responsible, each with regard to the issue, for the execution of the decree published in the Journal
Done on 6 November 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister Delegate
to the Minister of Ecology,
sustainable development and energy,
Transport Officer
of the sea and fishing,
Frédéric Cuvillier
Minister of Economy and Finance,
Pierre Moscovici
Minister of Social Affairs
and Health,
Marisol Touraine
The Minister of Ecology,
Sustainable Development
and energy,
Philippe Martin
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
