Key Benefits:
The National Assembly and the Senate deliberated,
The National Assembly adopted,
Vu Constitutional Council Decision No. 2013-683 DC dated 16 January 2014,
The President of the Republic enacts the following legislation:
I. ― Article L. 111-2-1 of the Social Security Code is amended as follows:
1° At the beginning of the first paragraph, the words "I. ―" are added;
2° It is added a II as follows:
“II. ― The Nation solemnly reaffirms the choice of retirement by distribution at the heart of the social pact that unites generations. The distribution pension system provides pension payments to retirees in relation to their income from their activity.
"Insured people receive fair treatment for the duration of retirement as well as the amount of their pension, regardless of their sex, past activities and career paths, their healthy life expectancy, pension plans and the generation to which they belong.
"The Nation also assigns to the pension system by distribution a goal of solidarity between generations and within each generation, including equality between women and men, by taking into account possible periods of involuntary deprivation of employment, total or partial, and by guaranteeing a satisfactory standard of living for all retirees.
"The financial sustainability of the distribution pension system is ensured by contributions equitably distributed among generations and, within each generation, between different levels of income and between income from work and capital. She supposes to look for full employment. »
II. ― Section L. 161-17 A of the same code is repealed.
III. ― In the fourth paragraph of section L. 1431-1 of the Public Health Code, the word "to" is replaced by the reference: "to I of".
I. ― After Article L. 161-17-2 of the Social Security Code, an article L. 161-17-3 is inserted as follows:
"Art. L. 161-17-3.-For plan insured persons to whom section L. 161-17-2 applies, the period of insurance required to receive a full-rate pension and the duration of the services and bonuses required to obtain the maximum percentage of a civil or military pension shall be determined to:
"1° 167 quarters, for insured persons born between January 1, 1958 and December 31, 1960;
"2° 168 trimesters, for insured persons born between January 1, 1961 and December 31, 1963;
"3° 169 trimesters, for insured persons born between January 1, 1964 and December 31, 1966;
"4° 170 quarters, for insured persons born between January 1, 1967 and December 31, 1969;
“5° 171 quarters, for insured persons born between January 1, 1970 and December 31, 1972;
"6° 172 trimesters, for insured persons born from January 1, 1973. »
II. ― first paragraph of Article 5 of Act No. 2003-775 of 21 August 2003 bringing pension reform, the year: "202020" is replaced by the year: "2017".
III. ― Section L. 13 of the Civil and Military Pension Code is supplemented by a III as follows:
"III. ― For insured persons born as of January 1, 1958, the duration of services and bonuses is changing under the conditions set out in article L. 161-17-3 of the Social Security Code. By derogation, the duration of the services and bonuses required of State officials and military personnel who meet the conditions for the liquidation of a pension before the age of sixty is that required of civil servants reaching that age the year from which the liquidation may take place. »
IV. ― III of Article L. 13 of the Civil and Military Pension Code applies to officials affiliated to the National Pension Fund of local government officials and workers of state industrial institutions.
V. ― In the first sentence of Article L. 732-25 of the Rural Code and Maritime Fisheries, after the word "equivalent" are inserted the words "equal to the duration referred to in Article L. 161-17-3 of the Social Security Code".
The Government submits to Parliament, by January 1, 2015, a student report on the opportunity to reduce the age of retirement to a full-rate pension from 67 to 65 years and to reduce the lowering factor applied per quarter. In particular, this report examines the consequences for women of the introduction of the lower rate and displacement, through the reform of the 2010 retirements from the age range from 65 to 67.
I. ― Article L. 114-2 of the Social Security Code is amended as follows:
1° The 4th is thus written:
« 4° To produce, by 15 June, an annual and public document on the pension system, based on monitoring indicators defined by decree in relation to the objectives set out in II of Article L. 111-2-1; » ;
2° After the 6°, it is inserted a 7° as follows:
« 7° To monitor the evolution of gender and gender pension gaps and inequalities and to analyse the phenomena that penalize women's pensions, including occupational inequalities, part-time work and the impact of greater care for children's education. » ;
3° In the eighth preambular paragraph, the references: "to articles 1 to 5 of Act No. 2003-775 of 21 August 2003 referred to above" are replaced by the reference: "to II of Article L. 111-2-1";
4° The ninth preambular paragraph is supplemented by two sentences as follows:
"When a parliamentary assembly or an organization is called to designate more than one member of the council, it makes such designations so that the difference between the number of designated men, on the one hand, and designated women, on the other, is not greater than one. The council is among its qualified personalities as many women as men. »
II. ― Section 6 of Chapter IV of Book I of the same Code is read as follows:
“Section 6
“Retirement Monitoring Committee
"Art. L. 114-4. - I. The pension follow-up committee is composed of two women and two men, appointed because of their pension skills, appointed for five years by decree, and a president appointed in council of ministers.
"The Retirement Orientation Council, state administrations, state public institutions, the fund referred to in Article L. 4162-17 of the Labour Code and the agencies responsible for the management of a legally binding pension plan or the unemployment insurance scheme are required to communicate to the committee the information and studies they have and which are necessary for the committee for the exercise of its duties. The pension monitoring committee identifies its needs so that they are considered in the statistical work and studies programs of these administrations, agencies and institutions.
"A decree in the Council of State specifies the tasks of the committee as well as its organizational and operational modalities. The follow-up committee is accompanied in its work by a citizen jury composed of nine women and nine men drawn by lot under conditions defined by decree.
“II. ― The committee shall, no later than 15 July, relying on, inter alia, the documents of the Pension Orientation Council referred to in 1 and 4 of Article L. 114-2 of this Code, give an annual and public notice:
« 1° Indicating whether it considers that the pension system significantly detracts from the objectives set out in II of Article L. 111-2-1. It takes into account the follow-up indicators referred to in 4th of Article L. 114-2 and examines the situation of the pension system in relation, in particular, to the consideration of payability at work, the comparative situation of pension rights in the various pension plans and early retirement schemes;
« 2° Analysing the comparative situation of women and men with regard to old age insurance, taking into account differences in pension amounts, the duration of the respective insurance and the impact of family benefits of old age on pension gaps;
« 3° Analysing the evolution of the purchasing power of retirees, with priority attention to those whose income is below the poverty line.
"In the case provided for at 1°, the committee:
“(a) Addresses the Parliament, the Government, the national funds of the mandatory basic old-age insurance plans, the State services responsible for the liquidation of pensions and the legally binding supplementary pension plans of the recommendations made public, intended to ensure compliance with the objectives mentioned in 1° of present II, in the conditions provided for in III and IV;
“(b) Provides, no later than one year after issuing the recommendations set out in a, a public notice relating to their follow-up.
"III. The recommendations mentioned in the II include:
« 1° The evolution of the insurance period required for the benefit of a pension without decay, particularly in the context of the evolution of life expectancy, life expectancy to sixty years in good health, life expectancy without disability, retirement, working population level, unemployment rate, especially youth and seniors, financing needs and productivity;
« 2° Transfers from the Retirement Reserve Fund to pension plans, taking into account the magnitude and nature of possible deviations with the financial projections of retirement insurance;
« 3° In the event of more favourable economic or demographic changes than the ones selected to base the equilibrium forecasts of the distribution pension plan, measures to strengthen the solidarity of the plan, primarily for the benefit of the purchasing power of the most modest pensioners, equality between women and men and the inclusion of the inability and accidents of professional life;
« 4° The level of old-age, basic and complementary insurance premium rate;
« 5° The allocation of other resources to the pension system, including funding non-contributory benefits.
"IV. ∙ The recommendations referred to in the II cannot:
« 1° Increase the rate of old-age, basic and complementary insurance, beyond the limits set by decree;
« 2° Reduce the replacement rate provided by pensions, as defined by decree, below the limits set by decree.
"V. ― The Government, after consultation with employer and employee representative organizations, presents to Parliament the actions it intends to give to the recommendations set out in II."
III. Section 8 of the same chapter IV is repealed.
IV. ― Act No. 2010-1330 of 9 November 2010 on pension reform is amended as follows:
1° The second paragraph of Article 3 is deleted;
2° Part II of section 16 is repealed.
V. ― Article L. 135-6 of the Social Security Code is amended as follows:
1° At the beginning of the second paragraph, the words "I. ―" are added;
2° After the fourth preambular paragraph, it is inserted as follows:
“II. ― Reservations that exceed the coverage of the commitments referred to in the last paragraph of the I may be affected by the Social Security Financing Act to the financing, if any, of the correction of the economic imbalances of pension plans or funds referred to in the second paragraph of the same I, including those identified under the conditions provided for in Article L. 114-4. » ;
3° At the beginning of the fifth preambular paragraph, the words "III. "
VI. ∙ The 4th of I comes into force six months after the promulgation of this Act.
VII. ― At the 4th of Article 6 of Order No. 96-50 of 24 January 1996 on the reimbursement of social debt, the reference is "fourth paragraph" and the references are "last paragraph of I and II".
I. ― Article L. 161-23-1 of the Social Security Code is amended as follows:
1° In the first two paragraphs, the word "April" is replaced by the word "October";
2° At the end of the first paragraph, the words: "by a commission whose composition and organizational arrangements are fixed by decree" are replaced by the words: "in the economic, social and financial report annexed to the draft finance law";
3° The last paragraph is deleted.
II. ― At the end of Article L. 341-6 of the same code, the words: "in the conditions set out in Article L. 351-11" are replaced by the words: "at 1 April of each year by applying a coefficient of revalorization equal to the forecasting on an annual average of consumer prices, excluding tobacco, provided for the same year in progress, if any corrected the difference between
III. ― At the end of section L. 816-2 of the same code, the words: "Planned for Basic Old Age Pensions by section L. 161-23-1" are replaced by the words "applicable to disability pensions provided for in section L. 341-6".
IV. ― The amounts of the solidarity allowance to the elderly mentioned in theArticle L. 815-1 of the Social Security Code and benefitsArticle 2 of Order No. 2004-605 of 24 June 2004 simplifying the minimum age, as well as the resource limits for the service of these allowances and benefits, are revalued under the conditions provided for inArticle L. 816-2 of the Social Security Code.
V. ― The Civil and Military Pension Code is amended as follows:
1° Article L. 27 is supplemented by a paragraph as follows:
"The person concerned shall be entitled to a pension to pay the services provided for in 2° I of Article L. 24 of this Code. By derogation from article L. 16 of the same code, this pension is revalued under the conditions fixed to theArticle L. 341-6 of the Social Security Code.
2° Article L. 28 is amended as follows:
(a) In the second sentence of the third paragraph and the first sentence of the last paragraph, the reference: "L. 16" is replaced by the reference: "L. 341-6 of the last paragraph Social Security Code » ;
(b) After the word: "concede", the end of the penultimate paragraph is thus written: ", paid and revalued under the same conditions as the pension provided for in Article L. 27. » ;
3° Article L. 29 is amended as follows:
(a) In the second sentence, after the word "services", the words are inserted: "as provided in 2° of I of Article L. 24 of this Code";
(b) Is added a sentence as follows:
"By derogation from Article L. 16 of the same code, this pension is revalued under the conditions set out inArticle L. 341-6 of the Social Security Code.
4° At the end of article L. 30 and the first sentence of articles L. 30 bis and L. 30 ter, the reference: "L. 16" is replaced by the reference: "L. 341-6 du Social Security Code » ;
5° Article L. 34 is supplemented by a sentence as follows:
"By derogation from Article L. 16, the pension paid under Article L. 6 of this Code shall be revalued under the conditions set out inArticle L. 341-6 of the Social Security Code.
6° At the end of the second sentence of Article L. 50, the reference: "of Article L. 16" is replaced by the words: "scheduled toArticle L. 341-6 of the Social Security Code "
I. ― Article L. 5552-20 of the Transportation Code is as follows:
"Art. L. 5552-20.- Pensions are reassessed under the conditions fixed toArticle L. 161-23-1 of the Social Security Code. »
II. ― After the word "old", the end of first paragraph of section 29 of Order No. 2002-411 of 27 March 2002 As regards health and social protection in Mayotte, it reads: "as well as the ceiling provided for in section 28 are revalued under the conditions applicable to disability pensions provided for in theArticle L. 341-6 of the Social Security Code. »
I. ― Book I of the fourth part of the Labour Code is supplemented by a title VI entitled: "Special provisions for certain occupational risk factors and sustainability".
II. ― In the same way, VI is inserted a chapter I entitled "Exhibition Prevention Sheet" which includes section L. 4121-3-1, which becomes section L. 4161-1 and is amended as follows:
1° The first paragraph is amended to read:
(a) In the first sentence, after the words: "exposed worker", the words are inserted: "beyond certain thresholds, after application of the measures of collective and individual protection," and the words: "determined by decree and" and the words: "in accordance with the terms determined by decree" are deleted;
(b) In the same sentence, after the word: "violability", the words are inserted: "from these factors" and, after the word: "reduce" are inserted the words: "exposure to";
(c) After the first sentence, a sentence is inserted as follows: "Professional risk factors and exposure thresholds, as well as the modalities and periodicity according to which the individual profile is provided by the employer, are determined by decree. » ;
2° After the first sentence of the second paragraph, a sentence is inserted as follows:
"She is at her disposal at any time. » ;
3° It is added a paragraph to read:
"The user companies referred to in Article L. 1251-1 shall transmit to the temporary work company the information necessary for the establishment by the temporary work company of the individual worksheet. The conditions under which the user companies transmit this information and the modalities according to which the temporary work company establishes the exhibit prevention sheet are defined by decree in the Council of State. »
III. ∙ Chapter I of the same title VI, in its writing resulting from the II of this article, is supplemented by an article L. 4161-2 as follows:
"Art. L. 4161-2.-The extended branch collective agreement referred to in Article L. 4163-4 may characterize the exposure of workers to one or more of the occupational risk factors beyond the thresholds mentioned in Article L. 4161-1 by standard exposure situations, including references to occupied positions and applied collective and individual protection measures. An order specifies the conditions under which, without prejudice to the provisions mentioned in the same section L. 4161-1, these types of situations may be taken into account by the employer to establish the record referred to in the article. »
IV. ― At 2° of the III of Articles L. 351-1-4 of the Social Security Code and L. 732-18-3 of the Rural and Maritime Fisheries Code the reference: "L. 4121-3-1" is replaced by the reference: "L. 4161-1".
V. ― Article L. 4612-16 of the Labour Code is amended as follows:
1° The second sentence of 1° is thus written:
"The issues of night work and the prevention of inability are specifically addressed. » ;
2° In the second sentence of 2°, after the word: "come", the words are inserted: "that include prevention measures in respect of inability. "
Every five years after the promulgation of this Act, the Government shall submit to Parliament, after the advice of the Working Conditions Orientation Council, a report on the evolution of the conditions of inability to which employees are exposed and the application of title VI of Book I of Part IV of the Labour Code. This report takes into account the conditions for the inability of trades that are predominantly occupied by women.
Prior to 1 January 2015, the Government submits to Parliament a report presenting proposals for the conversion of employees who have been declared unfit, including older employees, and on cooperation between the public authorities, including regions, and social partners.
Title VI of Book I of the fourth part of the Labour Code is supplemented by a chapter II, as follows:
“Chapter II
“Personal Insight Prevention Account
“Section 1
« Opening and abundantly
the personal account for the prevention of
"Art. L. 4162-1. - Employees of private employers as well as public employees employed under the conditions of private law may acquire rights under a personal account for the prevention of incapacity, under the conditions set out in this chapter.
"The employees affiliated with a special pension plan with a specific mechanism for recognition and compensation of the inability do not have rights under the personal account for the prevention of inability. A decree sets out the list of the regimes concerned.
"Art. L. 4162-2. - The personal toll-prevention account shall be opened once an employee has acquired rights under the conditions set out in this chapter. The rights established on the account remain acquired until they are terminated or retired.
"The exposure of a worker, following the application of collective and individual protection measures, to one or more of the occupational risk factors referred to in Article L. 4161-1 beyond the exposure thresholds defined by decree, recorded in the individual record provided for in the same section, shall be entitled to the acquisition of points on the personal account for the prevention of inability.
"A decree in the Council of State sets out the modalities for the inclusion of points on the account. It specifies the maximum number of points that may be acquired by an employee during his or her career and defines the number of points to which simultaneous exposures are allowed to several occupational risk factors.
"Art. L. 4162-3. - Points are assigned to the employee's exhibits declared by the employer on the basis of the record referred to in Article L. 4161-1 of this Code, to the credit union referred to in the articles L. 215-1 or L. 222-1-1 social security code orArticle L. 723-2 of the Rural and Maritime Fisheries Code which he reports.
"Every year, the employer shall transmit to the employee a copy of the record referred to in section L. 4161-1 of this code.
"Every year, the employer shall forward a copy of this form to the credit union referred to in the first paragraph of this section.
“Section 2
“Uses of the personal account
Prevention of sustainability
"Art. L. 4162-4. - I. The personal toll prevention account holder may decide to assign in whole or in part the points on his or her account to one or more of the following three uses:
« 1° Care for all or part of the costs of a continuing professional training action to access an unexposed or less exposed job to factors of inability;
« 2° Funding for the supplement of its remuneration and legal and conventional social contributions and contributions in the event of a reduction in its working life;
« 3° Funding for an old-age insurance increase and retirement before the statutory retirement age in common law.
“II. ― The request for the use of the points may intervene at any time of the career of the account holder for the use referred to in 2° of the I and, whether he is an employee or an applicant for employment, for the use mentioned in 1° of the same I. For the rights mentioned in 3° of said I, the liquidation of the points acquired, subject to a sufficient number, may take place from fifty-five years.
"The rights referred to in 1° and 2° of the same I may be exercised only when the employee, on the date of his or her application, falls within the categories defined in the first paragraph of Article L. 4162-1.
"III. ― A decree in the Council of State sets out the conditions under which the employee is informed of the possibilities of using the account and determines the conditions of use of the points on the account. It sets the scale of points specific to each use of the account. It specifies the conditions and limits in which the acquired points can be assigned only to the use mentioned in 1° of I of this article.
"IV. ― For persons who are at least fifty-two years of age as of January 1, 2015, the scale of acquisition of the points made to the personal account for the prevention of inability and the conditions of use of the points acquired may be arranged by decree in the Council of State in order to facilitate the use of the uses provided for in the 2nd and 3rd of I.
"Subsection 1
“Use of account for vocational training
"Art. L. 4162-5. - When the holder of the personal toll prevention account decides to mobilise all or part of the points on the account for use referred to in 1° of Article L. 4162-4, these points are converted to training hours to abound his personal training account under Article L. 6111-1.
"Subsection 2
"Use of account for part-time transition
"Art. L. 4162-6. - The employee holding a personal toll-prevention account shall be entitled, under the conditions and limits provided for in articles L. 4162-2 and L. 4162-4, to a reduction in his or her working period.
"Art. L. 4162-7. - The employee asks the employer to benefit from a reduction in his or her working life, under conditions fixed by decree.
"This application can only be denied if this refusal is motivated and if the employer can demonstrate that this reduction is impossible given the company's economic activity.
"Art. L. 4162-8. - In the event of a dispute with his employer due to a refusal by the employee to grant the employee's request to use his or her account for a part-time transition as specified in Article L. 4162-7, the employee may apply to the Human Prud'homme Council under the conditions mentioned in Book IV of Part I.
"Art. L. 4162-9. - The supplement of compensation referred to in 2° of the I of Article L. 4162-4 is determined under conditions and limits fixed by decree. It is subject to all legal and conventional social contributions and contributions, in accordance with the terms in force on the date of payment.
"Subsection 3
"Use of the pension account
"Art. L. 4162-10. - The holders of the personal toll prevention account decided, from the age established under Article II of Article L. 4162-4, to assign points to the use referred to in 3° of I of the same article shall be entitled to the increase in the insurance period referred to in Article L. 351-6-1 of the Social Security Code.
“Section 3
“Account management, control and claims
"Art. L. 4162-11. - The management of the personal toll-prevention account is ensured by the National Employees' Old Age Insurance Fund and the network of regional organizations responsible for the old-age insurance services of the general social security system. A convention between the State, the National Old Age Insurance Fund and the Central Fund for Agricultural Social Mutuality can provide that the information of the employees mentioned in theArticle L. 722-20 of the Rural and Maritime Fisheries Code, like that of the companies referred to in Article L. 722-1 of the same code, is implemented by the organizations provided for in Article L. 723-1 of that code.
"Management organizations record on the account the points corresponding to the data reported by the employer pursuant to section L. 4162-3 and report annually to the worker the points acquired under the previous year as well as the dispute terms referred to in section L. 4162-14. They provide the worker with an Internet information service that allows him to know the number of points he has acquired and consumed during the previous calendar year, the total number of points on his account and the possible uses of these points.
"They pay the representative sums of the points that the worker wishes to assign to the uses referred to in 1°, 2° and 3° of the I of Article L. 4162-4, respectively, to the funders of the professional training actions followed, to the employers concerned or to the relevant pension plan.
"A decree sets the conditions for the application of this article.
"Art. L. 4162-12. - Under conditions defined by decree, the management bodies referred to in Article L. 4162-11 of this Code as well as for the companies and institutions mentioned in the articles L. 722-20 and L. 722-24 the rural code and the marine fisheries, the agricultural social mutuality funds may, in particular for the application of Article L. 4162-14 of this Code, carry out controls on the strength and extent of exposure to occupational risk factors, as well as the completeness of the reported data, on parts and on-site, or carry out these controls by authorized bodies under conditions defined by decree. They may request the services of the labour administration, the persons responsible for the missions mentioned in the 2° of Article L. 215-1 of the Social Security Code and agricultural social mutuality funds to provide them with any useful information. Where applicable, they notify the employer and the employee of any changes they wish to make to the elements that led to the determination of the number of points on the employee's account. This adjustment can only take place in the five calendar years following the end of the year for which points were or should have been recorded in the account.
"In the event of an inaccurate declaration, the amount of the contributions referred to in Article L. 4162-20 and the number of points are regulated. The employer may be subject to a penalty imposed by the Director of the managerial body, within 50% of the monthly limit referred to in theArticle L. 241-3 of the Social Security Code, for each employee or assimilated for which inaccuracy is found. The user company, as defined in section L. 1251-1 of this code, may, under the same conditions, be subject to a penalty where the employer's inaccurate statement is the result of a breach of the obligation under section L. 4161-1. The penalty shall be recovered in the manner defined in the sixth, seventh, ninth and first paragraphs of Article L. 114-17 of the Social Security Code.
"Art. L. 4162-13. - Subject to sections L. 4162-14 to L. 4162-16, disputes relating to the decisions of the managerial body made pursuant to sections 1 and 2 of this chapter and section 3 shall be settled in accordance with the provisions governing the general litigation of social security. Disputes relating to the establishment or content of the record referred to in Article L. 4161-1 may not be the subject of a separate dispute from that referred to in this section. By derogation fromArticle L. 144-5 of the Social Security Code, expenses related to the costs of expertise requested by the courts as part of this litigation are borne by the fund referred to in Article L. 4162-18 of this Code.
"Art. L. 4162-14. - Where the dispute is linked to a disagreement with the employer on the effectiveness or extent of its exposure to the occupational risk factors referred to in Article L. 4161-1, the employee shall not file a claim relating to the opening of the personal account for the prevention of incapacity or the number of points recorded on the employee unless the employee has previously brought this dispute before the employer, under conditions specified by decree. The employee may be assisted or represented by a person of his or her choice from the company staff.
"In the event that the employer rejects this challenge, the managerial body decides on the employee's claim, after the reasoned opinion of a commission whose composition, operation and territorial jurisdiction are fixed by decree in the Council of State. This commission has staff made available by these bodies. It may request the services of the labour administration, the persons responsible for the missions mentioned in the 2° of Article L. 215-1 of the Social Security Code and agricultural social mutuality funds to provide any useful information.
"Art. L. 4162-15. - In the event of a legal remedy against a decision of the managerial body, the employee and the employer are parties to the case. They are able, both of them, to file their observations in the proceeding. This section is not applicable to appeals against penalties referred to in section L. 4162-12.
"A decree determines the conditions under which the employee may be assisted or represented.
"Art. L. 4162-16. - The employee's action for the allocation of points can only take place in the three calendar years following the end of the year for which points were or should have been placed on the account. The prescription is interrupted by one of the causes provided by the Civil code. The interruption of the prescription may, in addition, result from sending a recommended letter to the manager organization with a request for a notice of receipt, regardless of the modes of issue.
“Section 4
« Financing
"Art. L. 4162-17. - I. A fund is established to finance the rights of the personal account for the prevention of incapacity.
"This fund is a state public institution.
"II. ― The Board of Directors of the Fund includes:
« 1° State representatives;
« 2° Employee representatives, designated by trade union organizations of representative employees at the national and inter-professional level;
« 3° Representatives of employers, designated by professional organizations of representative employers at the national and interprofessional level;
« 4° Qualified personalities, designated by decree of ministers responsible for labour and social security.
"The composition, the modes of designation of members and the modalities of operation of the board of directors are determined by decree.
"III. An order defines the accounting and financial regime of the fund. It specifies the financial and accounting relationships between the fund and the management organizations of the personal toll prevention account.
"Art. L. 4162-18. - The expenses of the fund are:
« 1° The care of all or part of the sums exposed by the financialers of the professional training actions followed in the context of the use mentioned in 1° of the I of Article L. 4162-4, under conditions fixed by decree;
« 2° Support for the corresponding legal and treaty contributions and contributions mentioned in 2° of the same I, in accordance with the terms set by decree;
« 3° Reimbursement to the general social security system, under conditions fixed by decree, of the sums representative of the care of the insurance increases referred to in 3° of that I, calculated on a flat basis;
« 4° The management of expenditures related to the costs of expertise set out by the commissions referred to in Article L. 4162-14, within the limits of a fraction, set by decree, of the total revenues of the fund, as well as the management of expenses related to the costs of the expertise referred to in Article L. 4162-13;
« 5° Reimbursement to the funds referred to in the first paragraph of section L. 4162-11 of the costs associated with the management of the personal toll prevention account.
"Art. L. 4162-19. - The income of the fund is as follows:
« 1° A contribution due by employers for employees they employ and who enter the scope of the personal toll prevention account defined in Article L. 4162-1, under the conditions defined in Article L. 4162-20;
« 2° An additional contribution due by employers who have exposed at least one of their employees to the inability, within the meaning of the second paragraph of Article L. 4162-2, under the conditions defined in Article L. 4162-20 II;
« 3° Any other recipe authorized by statutes and regulations.
"Art. L. 4162-20. - I. The contribution referred to in 1° of Article L. 4162-19 is equal to a percentage, fixed by decree, within 0.2% of the remuneration or gains, as defined in first paragraph of Article L. 242-1 of the Social Security Code, collected by employees entering the scope of the personal toll prevention account defined in Article L. 4162-1 of this Code.
"II. ― The additional contribution referred to in 2° of Article L. 4162-19 is equal to a percentage fixed by decree and includes between 0.3% and 0.8% of the remuneration or gains referred to in I of this article collected by employees exposed to incapacity, within the meaning of the second paragraph of Article L. 4162-2, during each period. A specific rate, between 0.6 per cent and 1.6 per cent, is applied for employees who have been exposed simultaneously to several involuntary factors.
"III. Section 1 of Chapter VII of Title III of Book I of the Social Security Code is applicable to the contribution defined in I of this Article and to the additional contribution defined in II.
"Art. L. 4162-21. - For the determination of the rate of contributions defined in 1° and 2° of Article L. 4162-19 and the scale of points specific to each use of the account defined in Article L. 4162-4, it shall be taken into account the financial forecasts of the fund for the next five years and, if applicable, the recommendations of the follow-up committee referred to in theArticle L. 114-4 of the Social Security Code.
“Section 5
" Implementing provisions
"Art. L. 4162-22. - Unless otherwise provided, the modalities for the application of this chapter shall be determined by decree in the Council of State. »
I. ― first paragraph of Article L. 142-2 of the Social Security Code, after the second occurrence of the word "social", are inserted the words: ", of those relating to the application of Article L. 4162-13 of the Labour Code".
II. ― 7° of Article L. 261-1 of the Code of the Judicial Organization, after the first occurrence of the word "social", are inserted the words: "and, if applicable, to Labour code "
Before the last paragraph of Article L. 6111-1 of the Labour Code, it is inserted a 3° as follows:
« 3° In the event of the use of the points on the personal toll-prevention account, under the conditions set out in section L. 4162-5. »
I. ― Title VI of Book I of the fourth part of the Labour Code is supplemented by a chapter III entitled “Invesions for the Prevention of Insight” and comprising articles L. 4163-1 to L. 4163-4.
II. ― Article L. 4163-1 of the same code is read as follows:
"Art. L. 4163-1.-This chapter applies to employers of private law, industrial and commercial public institutions and administrative public institutions when employing staff under the conditions of private law. »
III. ― Section 2 of Chapter VIII ter of Title III of Book I of the Social Security Code is deleted and articles L. 138-29 to L. 138-31 of the same code become, respectively, articles L. 4163-2 to L. 4163-4 of the Labour Code.
IV. ― Article L. 4163-2 of the Labour Code, as set out in Article III, is amended as follows:
1° The first paragraph is amended to read:
(a) The reference: "to theArticle L. 4121-3-1 of the Labour Code is replaced by the words: "in Article L. 4161-1 beyond the limits of exposure defined by decree" and the two occurrences of the words: "of the same code" are deleted;
(b) After the words: "agreement or", the words are inserted: ", in the absence of agreement attested by a notice of disagreement in companies with union delegates or in which a negotiation was initiated under the conditions laid down in articles L. 2232-21 and L. 2232-24, by";
2° In the second and last paragraphs, the words: "of this code" are replaced by the words: "from Social Security Code "
V. ― In article L. 4163-3 of the same code, as the result of this Article III, the reference: "L. 138-29" is replaced by the reference: "L. 4163-2".
VI. ― Section L. 4163-4 of the same code, as the result of this section III, is amended as follows:
1° In the first sentence of the first paragraph, the reference: "L. 138-29" is replaced by the reference: "L. 4163-2";
2° At the end of the first sentence of the first paragraph and at the end of the second paragraph, the reference: "L. 138-30" is replaced by the reference: "L. 4163-3".
VII. ― At the end of the last paragraph of Article L. 241-5 of the Social Security Code, the reference: "L. 138-29" is replaced by the reference: "L. 4163-2 of the Social Security Code Labour code "
I. ― After article L. 161-17-2 of the Social Security Code, an article L. 161-17-4 is inserted as follows:
"Art. L. 161-17-4. - The age provided for in section L. 161-17-2 shall be reduced to a maximum of the number of quarters awarded for the increase in insurance coverage provided for in section L. 351-6-1, subject to conditions and limits established by decree. »
II. ― Sub-section 1 of chapter I, section 2 of Book III title V of the same code is supplemented by an article L. 351-6-1 as follows:
"Art. L. 351-6-1. - I. Insured persons who have a personal toll prevention account provided for in Article L. 4162-2 of the Labour Code, under the conditions provided for in Article L. 4162-4 of the same Code, are entitled to an insurance increase.
"This increase is granted by the general social security system.
“II. ― The increase provided for in I of this section is used for the determination of the rate defined in the second paragraph of section L. 351-1.
"The quarters acquired under this increase are, in addition, deemed to have given rise to an assessment for the benefit of sections L. 351-1-1 and L. 634-3-2 of this Code, Part II of sections L. 643-3 and L. 723-10-1 of the same code, of theArticle L. 732-18-1 of the Rural and Maritime Fisheries Code and Article L. 25 bis of the Civil and Military Pension Code. »
On the title of Chapter II of Title IV of Act No. 2010-1330 of 9 November 2010 on pension reform, the words: "of perniability" are replaced by the words: "of permanent incapacity".
I. ― The I of section 86 and section 88 of Act No. 2010-1330 of 9 November 2010 referred to above are repealed.
II. ― Sections 7 to 14 of this Act come into force as of January 1, 2015, with the exception of the last paragraph of Article L. 4162-3 of the Labour Code, which comes into force on a date fixed by decree in the Council of State and, no later than five years after the entry into force of Article 10.
The Government shall submit to the relevant Standing Committees of the National Assembly and of the Senate, within three months of the promulgation of this Act, a report on the situation of persons born in 1952 and 1953, registered in Pôle emploi on 31 December 2010 and yet excluded from the transitional solidarity allowance established by the Decree No. 2013-187 of 4 March 2013 Exceptionally establishing a transitional solidarity allowance for certain job seekers, which provides the obligation for them to justify all their quarters on the date of the termination of the rights of the unemployment benefit.
I. ― Article L. 351-15 of the Social Security Code is amended as follows:
1° The 1st is supplemented by the words: "within two years, without being less than sixty years";
2° After the word: "equivalent", the end of the 2nd is thus written: "fixed by decree in the Council of State. » ;
3° After the word: "in", the end of the fourth paragraph reads as follows: "the general regime, the regime of agricultural workers, the social regime of the independents, the regime of liberal professions and the regime of agricultural non-salaries. »
II. ― The first sentence of the first paragraph of Article L. 351-16 of the same code is supplemented by the words "and that it fulfils the terms of attribution".
I. ― Article L. 161-22 of the Social Security Code is amended as follows:
1° In the first paragraph, the words "of the general social security regime, the agricultural wage system or a special pension plan within the meaning of Article L. 711-1" are replaced by the words "of a legally binding basic pension plan";
2° The second paragraph is amended to read:
(a) In the beginning, the words are added: "By derogation";
(b) The words: "the plans mentioned in the first paragraph" are replaced by the words: "the general social security system, the agricultural wage system or one of the special pension plans within the meaning of Article L. 711-1";
3° In the third paragraph, the word "first" is replaced by the word "second";
4° In the seventh paragraph, the reference: "of the first paragraph" is replaced by the references: "of the first three paragraphs";
5° The 8th is replaced by a paragraph as follows:
"The first paragraph does not preclude the collection of compensation referred to in Article L. 382-31 of this Code. »
II. ― After the same article L. 161-22, an article L. 161-22-1 is inserted A thus drafted:
"Art. L. 161-22-1 A. - The resumption of activity by the beneficiary of a personal old-age pension served by a legally compulsory basic pension plan shall not open the right to any advantage of old age, direct or derivative, with any legal or legally required old-age, basic or supplementary insurance.
"The first paragraph of this section is not applicable to the insured person who seeks a pension under a phased pension under statutory or regulatory provisions, including section L. 351-15. »
III. ― Book VI of the same code is amended as follows:
1° The first paragraph of articles L. 634-6 and L. 643-6 is deleted;
2° In the fourth paragraph of the same articles, the words "three precedents" are replaced by the words "two first";
3° In the second and last paragraphs of Article L. 634-6 and in the second paragraph of Article L. 643-6, after the word "paragraph" is inserted the reference "of Article L. 161-22".
IV. ― Section L. 723-11-1 of the same code is amended as follows:
1° The first paragraph is deleted;
2° In the second paragraph, the reference: "previous paragraph" is replaced by the reference: "first paragraph of Article L. 161-22".
V. ∙ The Civil and Military Pension Code is amended as follows:
1° Section L. 84 is amended as follows:
(a) The first paragraph is amended to read:
After the word "social", the words are inserted: ", except for its first paragraph,"
Is added a sentence as follows:
"By derogation, sections L. 161-22 and L. 161-22-1 A of the same code are not applicable to beneficiaries of a military pension. » ;
(b) In the second paragraph, after the reference: "Article L. 86-1", the words "or any other employer for civil servants" are inserted;
2° At the beginning of the first paragraph of Article L. 86, the words: "By derogation from" are replaced by the words: "By derogation from first paragraph of Article L. 161-22 of the Social Security Code, as well as to".
VI. ― After the year: "84", the end of the third paragraph of Article L. 732-39 of the Rural and Maritime Fisheries Code is thus written: "in an old-age insurance scheme of the artisanal, industrial and commercial professions. »
VII. – The second paragraph of Article L. 1242-4 of the Labour Code is deleted.
VIII. ― This section, with the exception of 5° I, is applicable to insured persons whose first pension is effective January 1, 2015.
IX. ∙ A decree in the Council of State shall, as appropriate, establish the special terms and conditions for the application of this article for insured persons under the regime referred to in Article L. 5551-1 of the Transport Code, in particular according to the type of pensions referred to in Article L. 5552-1 of the same Code.
II of this section comes into force for insured persons under the regime referred to in section L. 5551-1 of the Transportation Code, effective 1 January 2018.
I. ― After the word: "and", the end of the third paragraph of Article L. 161-22 of the Social Security Code is thus written: "the pensions served by these regimes are reduced to the competition of overtaking, under conditions fixed by decree. »
II. ― After the word: "and", the end of the third paragraph of articles L. 634-6 and L. 643-6 of the same code is thus drafted: "the pension served by this regime is reduced to the competition of the overtaking, under conditions fixed by decree. »
III. ― After the b of articles L. 161-22 and L. 634-6 of the same code, it is inserted a paragraph as follows:
"The pension due by a legally binding pension plan whose age of entitlement, if any without a minoration, is greater than the age set out in section L. 161-17-2 is not used to assess the condition of liquidation of all pension plans, until the insured person reaches the age from which he or she can liquidate the pension or, in the event of a minoration, the pension is terminated. »
IV. ― After the seventh paragraph of Article L. 732-39 of the Rural and Maritime Fisheries Code, a sub-paragraph is inserted as follows:
"The pension due by a legally compulsory pension plan whose age of entitlement, if any without a minoration, is greater than the age specified in theArticle L. 161-17-2 of the Social Security Code is not required to assess the liquidation condition of all pension plans, until the insured has reached the age from which the insured person can liquidate the pension or, in the event of a minoration, the age at which the pension is terminated. »
V. ― Articles L. 643-6 and L. 723-11-1 of the Social Security Code are supplemented by a paragraph to read as follows:
"The pension due by a legally binding pension plan whose age of entitlement, if any without a minoration, is greater than the age set out in section L. 161-17-2 is not used to assess the condition of liquidation of all pension plans, until the insured person reaches the age from which he or she can liquidate the pension or, in the event of a minoration, the pension is terminated. »
VI. ―Article L. 84 of the Civil and Military Pension Code is supplemented by a paragraph to read:
"The pension due by a legally compulsory pension plan whose age of entitlement, if any without a minoration, is greater than the age specified in theArticle L. 161-17-2 of the Social Security Code is not required to assess the liquidation condition of all pension plans, until the insured has reached the age from which the insured person can liquidate the pension or, in the event of a minoration, the age at which the pension is terminated. »
Article L. 5421-4 of the Labour Code is supplemented by a 3° as follows:
« 3° To allocataries with a retirement under sections L. 161-17-4, L. 351-1-1, L. 351-1-3 and L. 351-1-4 the Social Security Code and the third and seventh paragraphs of I of Article 41 of the Social Security Financing Act, 1999 (No. 98-1194 of 23 December 1998). »
Within six months of the promulgation of this Act, the Government shall submit to Parliament a report on the evolution of family rights in order to better compensate for the effects of the arrival of children at home on the career and pensions of women.
The first sentence of Article L. 173-2-0-2 of the Social Security Code is supplemented by the words: "When both parents are of the same sex, it is applied the rules of one of the regimes, according to a rule of priority between regimes defined by decree in the Council of State".
In the year following the promulgation of this Act, the Government shall submit to Parliament a report examining the possibilities for changing the rules relating to reversion pensions in the sense of a better understanding of the standard of living of surviving spouses and a harmonization between regimes.
Article L. 351-2 of the Social Security Code is amended as follows:
1° The first sentence of the first paragraph is supplemented by the words: "under the calendar year in which these periods of insurance were acquired, determined by decree";
2° After the same sentence, a sentence as follows:
"By derogation from this minimum, an order determines the terms and conditions for the allocation of old-age insurance premiums and related fees between two successive calendar years when an insured person does not justify, in each of the calendar years considered, four quarters of old-age insurance in all legally binding pension plans. » ;
3° After the first preambular paragraph, a sub-item reads as follows:
"A decree determines the monthly limit of deductions for the deduction of insurance periods referred to in the first paragraph. » ;
4° In the second paragraph, the reference: "in the previous paragraph" is replaced by the reference: "in the first paragraph".
I. ― At the end of the second sentence of articles L. 351-1-1 and L. 634-3-2 and the second sentence of article II L. 643-3 and L. 723-10-1 of the Social Security Code, the words: "a portion of the national service periods may be deemed to have given rise to the payment of contributions" are replaced by the words: "may be deemed to have given rise to the payment of contributions certain periods of insurance validated under section L. 351-3 or legal or regulatory provisions having the same purpose, applicable to mandatory basic old-age insurance plans, under the conditions specific to each of these plans".
II. ― Article L. 732-18-1 of the Rural and Maritime Fisheries Code is supplemented by a sentence as follows:
"It includes the terms and conditions that may be deemed to have given rise to a portion of the national service periods and certain periods of insurance validated under theArticle L. 351-3 of the Social Security Code or legal or regulatory provisions that have the same purpose, applicable to compulsory basic old-age insurance plans, under the conditions specific to each of these plans. »
I. ― Articles L. 351-14-1, L. 634-2, L. 643-2 and L. 723-10-3 of the Social Security Code are amended as follows:
1° At the beginning of the first paragraph, the words "I. ―" are added;
2° At 1°, the words "and having not given rise to membership in an old age insurance scheme" are deleted;
3° It is added a II as follows:
“II. ― By derogation from the conditions set out in I, the amount of the contribution made for the consideration of the periods referred to in 1° of the same I may be reduced by order for the initial training periods, under conditions and limits, including the time limit for filing the application, set at ten years from the end of the studies, and the number of quarters eligible for that specific amount. »
II. ― Article L. 351-14-1 of the same code is supplemented by III and IV as follows:
"III. ― By derogation from the conditions set out in I, the amount of the contribution made for the consideration of the calendar years referred to in 2° of the same I, between January 1, 1975 and December 31, 1990 and during which the insured person has performed a maternal assistant activity, may be reduced by decree, under conditions and limits, particularly in the number of quarters eligible for this specific amount.
"IV. ― By derogation from the conditions set out in I, the amount of the contribution made for the consideration of the calendar years referred to in 2° of the same I during which the insured was in a learning situation, in the sense of theArticle L. 6211-1 of the Labour Codewithin the framework of a contract between July 1, 1972 and December 31, 2013 may be lowered, under conditions and limits, including the number of quarters eligible for this specific amount, fixed by decree. »
III. ― Section L. 9 bis of the Civil and Military Pension Code is amended as follows:
1° After the fifth preambular paragraph, a sub-item reads as follows:
"By derogation from the conditions set out in the fifth preambular paragraph, the amount of contribution under the same preambular paragraph may be reduced by order for the initial training periods, under conditions and limitations, including the time limit for filing the application, set at ten years from the end of the studies, and the number of quarters eligible for that specific amount. » ;
2° The last paragraph is deleted.
IV. ― Article L. 732-27-1 of the Rural and Maritime Fisheries Code is amended as follows:
1° In the first sentence, the words: "and having not given rise to membership in an old age insurance scheme" are deleted;
2° It is added a paragraph to read:
"By derogation from the conditions set out in the first paragraph, the amount of contributions under the same paragraph may be reduced by order for the initial training periods, under conditions and limits, including the time limit for filing the application, set at 10 years from the end of the studies, and the number of quarters eligible for that specific amount. »
V. ― The beginning of Article L. 173-7 of the Social Security Code is as follows: "The payments referred to in Articles L. 351-14-1, L. 351-17, L. 634-2, L. 643-2 and L. 723-10-3 of this Code, at the time of this CodeArticle L. 732-27-1 of the Rural and Maritime Fisheries Code and article L. 9 bis... (the rest without change). »
VI. ― In article L. 382-29-1 of the same code, after the reference: "1°", the reference: "I".
Chapter I of Title V of Book III of the Social Security Code is supplemented by a section 11 as follows:
“Section 11
“ Validation of internships
"Art. L. 351-17. - Students may request that the general social security regime take into account the periods of internships provided for in theArticle L. 612-8 of the Education Code and eligible for the gratuity under section L. 612-11 of the same code, subject to the payment of contributions and within two quarters.
"A decree specifies the terms and conditions of application of this article, including:
« 1° The deadline for submitting the application, which may not exceed two years;
« 2° The method of calculating contributions and the timing of their payment.
"The number of quarters that have been paid under this section is deducted from the number of quarters eligible for redemption under section L. 351-14-1. »
A Government report is forwarded to Parliament by July 15, 2015, on the terms of an opening for post-baccalauréat students of pension rights under the studies.
I. ― Section 2 of chapter III of title IV of Book II of Part VI of the Labour Code is amended as follows:
1° The title is thus written: "Cotizations due to the employment of apprentices";
2° Section L. 6243-2 is amended as follows:
(a) The beginning of the first paragraph is as follows: "I. ― With the exception of old-age insurance premiums and basic widowhood, the contribution count and social contributions due... (the rest without change). » ;
(b) The second paragraph is amended to read:
at the beginning, the mention is added: "II. ―";
― the words: "the state supports" are replaced by the words: "the employer is exempt from";
(c) In the last paragraph, the words: "The State takes care of them only" are replaced by the words: "the employer is exempted only from" and the words: "and contributions" are replaced by the words: "and contributions";
3° Article L. 6243-3 is supplemented by a paragraph as follows:
"The fund mentioned in theArticle L. 135-1 of the Social Security Code is responsible, under conditions set by decree, for the payment of additional old-age insurance premiums in order to validate with the basic plans a number of quarters corresponding to the duration of the apprenticeship contract. »
II. ― After the 10th of Article L. 135-2 of the Social Security Code, it is inserted an 11th grade as follows:
« 11° The amounts corresponding to the support mentioned in the last paragraph of Article L. 6243-3 of the Labour Code. »
I. ― Article L. 135-2 of the Social Security Code is amended as follows:
1° The 4th is supplemented by a g written as follows:
“(g) Periods referred to in 8th article L. 351-3; » ;
2° At the penultimate paragraph, the references: "e and f" are replaced by the references: "e, f and g".
II. ― Article L. 351-3 of the same code is supplemented by an 8° as follows:
« 8° The internship periods mentioned in theArticle L. 6342-3 of the Labour Code. »
III. – I and II are applicable to internship periods after December 31, 2014.
I. ― Article L. 742-6 of the Social Security Code is amended as follows:
1° At 1°, after the reference: "L. 622-5", is inserted the reference: "or L. 723-1";
2° The 5th is thus restored:
« 5° Employee spouses mentioned in theArticle L. 121-4 of the Commercial Code who, having been obligatoryly affiliated to the old age insurance scheme of non-employed workers in the professions either artisanal, industrial and commercial, or liberal, pursuant to Article L. 622-8 of this Code, or to the old age insurance scheme of lawyers, pursuant to the second paragraph of Article L. 723-1, cease to meet the requirements of compulsory affiliation. The terms and conditions for the application of this 5°, including the deadlines in which the persons concerned must apply for their affiliation, are determined by decree. »
II. ― Section L. 722-17 of the Rural and Maritime Fisheries Code is amended as follows:
1° After the first preambular paragraph, a sub-item reads as follows:
"The spouses who work or farm business defined in the first paragraph of Article L. 321-5 may voluntarily subscribe to the old age insurance referred to in Article L. 722-15, subject to the conditions set out in the first paragraph of this Article. » ;
2° In the second paragraph, the reference: "first paragraph" is replaced by the reference: "this article".
Article L. 732-54-1 of the Rural and Maritime Fisheries Code is amended as follows:
1° At 2°, after the year: "2002" are inserted the words: "and before February 1, 2014,";
2° After the same 2°, it is inserted a 3° as follows:
« 3° Effective February 1, 2014 when they justify the conditions set out in the same sections L. 732-18-3, L. 732-23 and L. 732-25, in their writing in force on the date of effect of the pension, to open up the right to a full-rate pension in the old-age insurance scheme for non-employed persons in the agricultural professions. »
I. ― Article L. 732-56 of the Rural and Maritime Fisheries Code is supplemented by V and VI as follows:
"V. ― Also benefiting from this plan, persons who, for periods prior to January 1, 2003, exercised exclusively or principally as chief of operation or agricultural enterprise when the insured does not justify a minimum period of insurance in that capacity and persons who, for periods prior to January 1, 2011, exercised exclusively or principally as a family assistance defined in the article L. 732-34,
« 1° Prior to January 1, 1997, which warrants a minimum period of insurance for non-earmarked agricultural activities carried out exclusively or principally;
« 2° Between 1 January 1997 and 1 January 2014 and which justify, in one or more other mandatory plans, a period of insurance, or periods recognized as equivalent, at least equal to the duration required by Article L. 732-25 to be entitled to a full-rate pension of the old-age insurance scheme of non-earmarked agricultural occupations and a minimum of insurance periods for non-earmarked agricultural activities.
"A decree determines the maximum number of years selected for the benefit of the plan and the minimum insurance time required.
"VI. ― Persons whose personal retirement is effective after December 31, 2013, and who meet the insurance terms referred to in 2° of the V, shall be entitled to this plan for the periods completed on an exclusive or principal basis as a head of operation or an agricultural enterprise of family assistance, a spouse participating in the work or a farm worker or enterprise defined in the same V."
II. ― The second sentence of the second paragraph of Article L. 732-60 of the same code is amended as follows:
1° After the reference: "to the III of Article L. 732-56", the words are inserted: "on the date of February 1, 2014 to the account of the persons mentioned in the V of the same article, on the date of effect of the retirement on behalf of the persons referred to in the VI of that article,";
2° At the end, the reference: "and III of Article L. 732-56" is replaced by the references: ", III, V and VI of the same article".
III. ― Article L. 732-62 of the same code is as follows:
"Art. L. 732-62. - I. In the event of death of an agricultural non-employed person, his or her surviving spouse is entitled to a supplementary pension if he or she is at least fifty-five years of age and if the marriage lasted at least two years. However, where at least one child comes from marriage, no condition of marriage is required.
"When the pension has not been terminated on the day of the insured's death, the reversion pension is paid without a condition of age if the surviving spouse is disabled at the time of death or later becomes, or has at least two dependent children at the time of the insured's death.
"The reversion pension is an amount equal to 54% of the supplementary pension that was or would have benefited the insured on the date of his death.
"In the event of a death, effective January 1, 2003, of a chief of operation or of an agricultural enterprise whose basic pension has not been liquidated on the day of his death, his surviving spouse, if he meets the conditions set out in the first or second paragraphs of this I, shall be entitled, as early as February 1,56, to a pension for the reversion of the supplementary plan, under the conditions that could have been granted to the head of business This pension is equal to 54% of the rights the insured would have benefited.
“II. ― If the Chief of Operations or Agricultural Business has died before requesting the liquidation of his or her pension, the surviving spouse who continues the operation without having requested the liquidation of his or her reversion pension may, for the calculation of his or her mandatory supplementary pension, add to his or her own annuities those that have been acquired by the deceased.
"The terms and conditions of application of this article shall be determined by decree. »
I. ― Sub-section 3 of chapter II, section 3, title III, of Book VII of the same code is supplemented by an article L. 732-63 as follows:
"Art. L. 732-63. - I. ― Can benefit from a differential supplement of mandatory supplementary pension points for persons whose basic pension is served on a personal basis:
« 1° Prior to January 1, 1997 and which warrant minimum periods of non-earmarked agricultural activity and insurance as chief of operation or agricultural enterprise carried out exclusively or principally;
« 2° Effective January 1, 1997 and which justify, in one or more other mandatory plans, a period of insurance or periods recognized equivalent to at least the duration required by section L. 732-25, in its drafting in force at the date of liquidation of the pension, to be entitled to a pension at a full rate of the basic old-age insurance plan for non-employed persons of the agricultural professions and minimum periods of insurance
“II. ― The purpose of this differential supplement is to increase, as of January 1, 2015 for pension benefits effective before January 1, 2015 or at the liquidation of the retirement pension for pension benefits effective January 1, 2015, the specific rights provided to the insured by the basic old-age insurance plan and the mandatory supplementary pension plan for non-employed persons of agricultural professions at a minimum amount.
"For pension liquidated before January 1, 2015, this minimum amount is calculated as early as October 1, 2015 and, for pensions effective January 1, 2015, as of October 1, 2015, for the calendar year in which the retirement pension is effective or on the effective date of the pension when the pension is after October 1, 2015.
"III. ― This minimum amount is determined on the basis of the duration of insurance for an agricultural non-earmarked activity and periods of insurance as chief of operation or agricultural enterprise, carried out, on an exclusive or principal basis, by the insured in the basic old-age insurance scheme for non-employed persons in the agricultural professions.
"IV. ― For a complete career as a farm manager or business, carried out on an exclusive or principal basis, this annual minimum amount is equal to a percentage of 1,820 times the amount of the minimum earnings retained after deduction of the mandatory contributions and contributions due to the basic and legally binding complementary plans of agricultural employees. This percentage is 73% as of January 1, 2015, 74% as of January 1, 2016 and 75% as of January 1, 2017 of the value of the minimum growth wage in effect as of January 1 of the year of payment. The amount of the net minimum wage is that effective January 1, 2015 for pension benefits that have taken effect before January 1, 2015 or that effective January 1, 2015 of the calendar year in which the pension is effective for pension benefits effective January 1, 2015.
"A decree sets out the terms and conditions for the application of this article, including the method for calculating the differential supplement of mandatory supplementary pension points and the conditions under which the insurance periods referred to in I to III are taken into account for the calculation of the minimum annual amount, the terms and conditions for evaluating the full career and the terms and conditions under which the specific rights served to the insured are appreciated. »
II. ― After article L. 732-54-3 of the same code, an article L. 732-54-3-1 is inserted as follows:
"Art. L. 732-54-3-1. - In the event that an insured person may claim both the increase referred to in section L. 732-54-1 and the mandatory supplementary supplementary pension supplement referred to in section L. 732-63, the increase referred to in section L. 732-54-1 shall be served as a priority. »
III. ― The second paragraph of section 1 of Act No. 2002-308 of 4 March 2002 for the establishment of a mandatory supplementary pension scheme for non-farm workers is deleted.
IV. ― Within six months of the promulgation of this Act, the Government shall submit to the relevant committees of the National Assembly and the Senate a report on the pensions of the agricultural workers of Guadeloupe, Martinique and La Réunion, in particular on the modalities for the establishment of a supplementary pension scheme for the benefit of those employees, like that created by the Act No. 2002-308 of 4 March 2002 for the creation of a mandatory supplementary pension plan for agricultural non-salaries, for farmers.
I. ― In the first paragraph of articles L. 351-1-3 and L. 634-3, in the first paragraph of the III of articles L. 643-3 and L. 723-10-1 of the Social Security Code and in the first paragraph of Article L. 732-18-2 of the Rural and Maritime Fisheries Code, the words: "at least equal to a rate fixed by decree or that they receive recognition of the worker's quality of disabilityArticle L. 5213-1 of the Labour Code are replaced by the words: "at least 50%".
II. ― 5° of Article L. 24 of the Civil and Military Retirement Pension Code: "80% or that they had the quality of disabled worker within the meaning ofArticle L. 5213-1 of the Labour Code are replaced by the rate: "50%".
III. ― For periods prior to December 31, 2015, recognition of the quality of disabled worker, in the sense ofArticle L. 5213-1 of the Labour Code, shall be taken into account in the assessment of the conditions referred to in Articles L. 351-1-3 and L. 634-3, Article L. III 643-3 and Article L. 643-3Article L. 723-10-1 of the Social Security Code, 5° of Article L. 24 of the Civil and Military Pension Code and to theArticle L. 732-18-2 of the Rural and Maritime Fisheries Code.
IV. ∙ This section applies to pension effective February 1, 2014.
V. ― The Government shall submit to Parliament, within one year of the promulgation of this Act, a report examining the possibility of establishing a labour disability account.
I. ― 1° ter of Article L. 351-8 of the Social Security Code is thus written:
« 1° ter Insured persons justifying permanent incapacity at least equal to a rate established by decree, which reaches the age referred to in Article L. 161-17-2; "
II. ― In the seventh paragraph of Article L. 14 of the Civil and Military Pension Code, the rate "80%" is replaced by the words "a rate fixed by decree".
III. ― At the end of the VI of Article 21 of Act No. 2010-1330 of 9 November 2010 on pension reform, the words: "fixed to sixty-five years for disabled insured persons" are replaced by the words: ", for insured persons justifying a permanent incapacity at least equal to a rate fixed by decree, that provided for inArticle L. 161-17-2 of the Social Security Code "
IV. ∙ This section applies to pension effective February 1, 2014.
V. ― The second sentence of the first paragraph of Article L. 815-1 of the Social Security Code is supplemented by the words: "or where the insured person benefits from the provisions provided for inArticle 37 of Act No. 2014-40 of 20 January 2014 guaranteeing the future and justice of the pension system."
I. ― Article L. 381-1 of the Social Security Code is amended as follows:
1° At the end of the third preambular paragraph, the words: " provided that its resources or household resources are less than a ceiling fixed by decree " are deleted;
2° In the first sentence of the fourth preambular paragraph, at the end of the first sentence of the fifth preambular paragraph and the sixth preambular paragraph, the words: "as long as its resources or household resources do not exceed the family supplement limit" are deleted.
II. ― Article L. 753-6 of the same code is as follows:
"Art. L. 753-6.-People residing in the departments referred to in Article L. 751-1 who are responsible for a child, a disabled adult or a dependent elderly person, under the conditions set out in the fourth to eighth paragraphs of Article L. 381-1, are obligatoryly affiliated with the old age insurance of the general social security scheme. »
III. ― The same code is amended:
1° After the article L. 351-4-1, an article L. 351-4-2 is inserted as follows:
"Art. L. 351-4-2.-The social insured, in the family home, assumes the permanent care of a disabled adult whose permanent incapacity is greater than a rate fixed by decree that is his spouse, concubine, the person with whom he has entered into a civil pact of solidarity or his ascendant, descendant or collateral or ascendant, descendant or collateral of a couple member benefits » ;
2° In the first paragraph of Article L. 634-2, the references: "L. 351-4, L. 351-4-1" are replaced by the references: "L. 351-4 to L. 351-4-2";
3° In sections L. 643-1-1 and L. 723-10-1-1, the references: "L. 351-4 and L. 351-4-1" are replaced by the references: "L. 351-4 to L. 351-4-2".
IV. ― In the second paragraph of Article L. 732-38 of the Rural and Maritime Fisheries Code, the reference: "to Article L. 351-4-1" is replaced by the references: "to Articles L. 351-4-1 and L. 351-4-2".
V. ― I is applicable as of February 1, 2014, II as of January 1, 2015 and III as of February 1, 2014.
I. ― Article L. 161-17 of the Social Security Code is amended as follows:
1° Before the first preambular paragraph, it is added an I as follows:
"I. ― Insured persons are free of charge entitled to information on the distribution pension system, which is insured under the following terms. » ;
2° At the beginning of the first paragraph, the words "II. ―" are added;
3° The third and fourth paragraphs are deleted;
4° At the end of the second sentence of the fifth paragraph, the reference: "nineth paragraph of this article" is replaced by the reference: "first paragraph of Article L. 161-17-1";
5° At the beginning of the sixth preambular paragraph, the words "III. ―
6° The second sentence of the seventh preambular paragraph reads as follows: "The insured has an online service giving him access to his updated statement at any time, informing him of the regimes he reports and allowing him to carry out certain administrative steps and to exchange with the regimes concerned dematerialized documents. » ;
7° The eighth preambular paragraph is amended to read:
(a) At the beginning, the mention is added: "IV. ―";
(b) The last sentence is deleted;
8° After the eighth preambular paragraph, a V is inserted as follows:
"V. ― As part of any expatriation project, the insured person shall, upon request, receive information, through an interview, on the rules for the acquisition of pension rights, the impact on the latter of the performance of his or her foreign activity and on the arrangements for improving the future amount of his or her pension. Information is also provided to the spouse of the future expatriate. The conditions of application of this V are defined by decree. » ;
9° The ninth paragraph is amended to read:
(a) At the beginning, the mention is added: "VI. ―";
(b) The first two sentences are deleted;
10° At the penultimate paragraph, the references: "first eight subparagraphs" are replaced by the references: "I to V" and, after the word: "grouping", are inserted the words: "in the first paragraph of Article L. 161-17-1".
II. – In the eighth paragraph of Article L. 114-2 of the same code, the references: "first eight paragraphs" are replaced by the references: "I to V".
III. – The 6th and 9th of I come into force on a date fixed by decree and at the latest, respectively, January 1, 2017 and July 1, 2014.
After the word: "regulatory", the end of the first paragraph of Article L. 815-7 of the Social Security Code is read as follows: "after specific information by these organizations to the interested parties and express request from them. »
I. ― In the title of paragraph 1 of subsection 4 of section 1 of chapter I of title VI of Book I of the same code, after the word "Information", the words "and simplification of the steps" are inserted.
II. ― Article L. 161-17-1 of the same code is as follows:
"Art. L. 161-17-1.-The Union of Retirement Institutions and Services is a public interest group established under the conditions set out in chapter II of Act No. 2011-525 of 17 May 2011 on the simplification and improvement of the quality of the law, comprising all organizations ensuring the management of legally binding pension plans, the Caisse des dépôts et consignations as well as the departments of the State responsible for the liquidation of pensions in application of Civil and Military Pension Code. She has a board of directors.
"The union ensures the strategic leadership of all the coordination, simplification and mutualization projects aimed at improving the relationships of regimes with their users in which all or part of its members are engaged and ensures their implementation. In particular, it ensures the implementation of the rights set out in I to V of Article L. 161-17 and the piloting of the projects provided for in Articles L. 161-17-1-1 and L. 161-17-1-2.
"The competent authority of the State concludes with the Union of Retirement Institutions and Services a contract that determines the multi-year objectives of simplification and mutualization of old age insurance; it includes a master plan for information systems. This contract is entered into for a minimum period of four years.
"The terms and conditions for the application of this article are specified, as necessary, by decree in the Council of State. »
III. — Articles L. 161-1-6 and L. 161-1-7 of the same code become, respectively, articles L. 161-17-1-1 and L. 161-17-1-2.
IV. ― At the first sentence of Article L. 161-17-1-1 of the same code, as derived from the III of this article, after the reference: "L. 815-1", is inserted the reference: ", L. 815-7".
V. ― Section L. 161-17-1-2 of the same code, as derived from the III of this section, is amended as follows:
1° In the first sentence, after the word "basic", the words "and complementary" are inserted;
2° After the first sentence, a sentence is inserted as follows:
"This directory also contains the points acquired under the account referred to in Article L. 4162-1 of the Labour Code. »
VI. I and II come into force on a date set by decree and no later than July 1, 2014.
I. ― The Civil and Military Pension Code is amended as follows:
1° After the second occurrence of the word "officers", the end of the 1st of Article L. 6 is thus written: "after the period fixed by the decree in the Council of State mentioned at the 1st of Article L. 4; » ;
2° In Article L. 7, the word "15" is replaced by the word "two";
3° At the 2° of Article L. 24, the words: "or by term of service" are deleted;
4° Article L. 25 is amended as follows:
(a) At 2°, after the reference: "L. 24", the words are inserted: ", provided they have completed fifteen years of actual service on the date of their removal from the executives,"
(b) At 3°, the words: "radiated from executives without having" are replaced by the words: ", having completed fifteen years of actual service on the date of their removal from the controls and not having";
(c) At 4°, after the reference: "L. 24," the words are inserted: "provided that they have completed fifteen years of effective service on the date of their removal from the frameworks or controls,"
(d) After the 4°, it is inserted a 5° as follows:
« 5° Before the age mentioned atArticle L. 161-17-2 of the Social Security Codefor military personnel other than those referred to in Article L. 24 of this Code, when they have completed at the date of their delisting of personnel or controls less than fifteen years of effective service. »
II. ― This section applies to members whose first commitment was made effective January 1, 2014.
I. ― Sub-section 1 of section 3 of chapter III of title VII of Book I of the Social Security Code is supplemented by an article L. 173-1-2 as follows:
"Art. L. 173-1-2. - I. ― When an insured person raises or raises successively, alternatively or simultaneously the general social security regime, the agricultural wage system and the old-age insurance schemes of the artisanal, industrial and commercial professions and requests to liquidate one of his or her old-age pension rights with one of the plans concerned, he or she is deemed to have applied to liquidate all of his or her direct-right pension with the plans. The total pension entitlement in these plans is determined in the following manner.
"For the calculation of the total pension entitlements, are added, for each calendar year that gave rise to old age insurance affiliation with one of the plans concerned:
« 1° All remuneration resulting in old-age insurance premiums, to determine annually the number of quarters of insurance for all the plans concerned;
« 2° All periods of insurance retained for the determination of pension entitlement in one of these plans;
« 3° The basic annual wages and incomes of each plan, without the amount of the annual ceiling set out in the first paragraph of section L. 241-3 in effect in each year.
"The number of validated quarters resulting from the sum of the periods mentioned in 1° and 2° of this I may not exceed four per year.
“II. - The pension shall be calculated, according to the parameters provided in I, by one of the plans concerned, according to its terms and conditions of liquidation. A decree in the Council of State determines the priority rule to designate the competent regime to liquidate the pension.
"III. ― The plan that has calculated and serves the pension fully supports the charge. A decree specifies the form of a lump-sum financial compensation between the regimes concerned.
"IV. unless otherwise provided, a decree in the Council of State shall determine the terms and conditions for the application of this article. »
II. ― I applies to pensions that take effect on a date fixed by order, by January 1, 2017.
I. ― Paragraph 3 of subsection 4 of section 1 of chapter I, title VI of Book I of the Social Security Code is supplemented by an article L. 161-22-2 as follows:
"Art. R. 161-22-2.- Where an insured person has not recorded in the course of his career only a basic pension plan and does not justify a period of insurance, within the meaning of the second paragraph of Article L. 351-1, at least equal to a number of quarters fixed by decree in the Council of State, he or she receives, at his or her request, at the earliest at the age specified in Article L. 161-17-2 »
II. ― At the end of Article L. 161-5 and the first paragraph of Article L. 311-9 of the same code, the reference: "L. 351-9" is replaced by the reference: "L. 161-22-2".
III. ― Sub-section 1 of chapter III, section 3, title VII, of Book I of the same code is supplemented by an article L. 173-1-3 as follows:
"Art. L. 173-1-3.-Where the pension rights of an insured person established in a legally compulsory basic old-age insurance plan are less than a prescribed threshold and the insured person is relieved or, alternatively, successively or simultaneously, of several basic compulsory plans, the plan to which the insured person justifies the longest period of insurance may, on behalf of the first plan, ensure the payment of the pension due. A decree specifies the modalities for the implementation of this article, including the modalities for reimbursement between the regimes concerned.
"The first paragraph may apply to reversion pensions; a decree in the Council of State establishes the necessary adaptations, in particular related to changes in the time of reversion pensions served. »
IV. ― Section L. 351-9 of the same code is repealed.
V. ― This section applies to insured persons whose total pension is effective January 1, 2016.
Prior to December 31, 2014, the Government submits to Parliament a report detailing the conditions for the application of existing bilateral international pension conventions and assessing the consequences of their implementation for French citizens entitled to foreign systems as long as they no longer reside in the State concerned. The report also examines the difficulties related to the perception of a pension abroad.
Every year, the Government organizes a debate with civil service union organizations within the Joint Council of the Public Service on the policy directions of pension policy in the public service.
I. ― The Rural and Maritime Fisheries Code is amended as follows:
1° The last paragraph of Article L. 732-58 is deleted;
2° After the same article L. 732-58, an article L. 732-58-1 is inserted as follows:
"Art. L. 732-58-1. - The Board of Directors of the Central Fund for Agricultural Social Mutuality monitors the financial balance of the plan. He reports every three years to ministers responsible for agriculture, social security and the budget, detailing the financial situation of the plan, its long-term balance prospects and the risks to which it is exposed. A decree in the Council of State specifies the procedure for the application of this paragraph.
"On the basis of the report mentioned in the first paragraph, the Board of Directors of the Central Fund for Agricultural Social Mutuality proposes to the Ministers responsible for agriculture, social security and budget the rules of evolution of the parameters of the plan over the next three years. These proposals ensure the long-term balance of the regime. » ;
3° The last paragraph of Article L. 732-59 is as follows:
"The order referred to in Article L. 732-60-1 or, if not, the decree referred to in the last paragraph of the same article shall set the rate or rates of assessment. » ;
4° Article L. 732-60 is amended as follows:
(a) The second paragraph is amended to read:
The first sentence is as follows:
"The annual number of points is determined on the basis of the deduction for the calculation of contributions, as provided for in Article L. 732-59, and the purchase values set out in the order referred to in Article L. 732-60-1 or, if not, by the decree mentioned in the last paragraph of the same article. » ;
At the beginning of the second sentence, the words "The same" are replaced by the word "One";
(b) The last paragraph is as follows:
"The order referred to in Article L. 732-60-1 or, if not, the decree mentioned in the last paragraph of the same article sets out the values of service and the values of purchase of the point of retirement. » ;
5° After the same article L. 732-60, an article L. 732-60-1 is inserted as follows:
"Art. L. 732-60-1. - Within the framework of the three-year plan set out in Article L. 732-58-1, the Board of Directors of the Central Fund for Agricultural Social Mutuality proposes to the Ministers responsible for agriculture, social security and budget a three-year evolution of the service values of the pension point, the purchase values of the pension point and the contribution rates. The impact of these developments should be assessed in the report referred to in the second paragraph of the same article L. 732-58-1. In the light of this proposal, the ministers responsible for agriculture, social security and the budget stop the changes in the parameters mentioned above.
"If, in the course of the three-year plan, based on actuarial studies, the Board of Directors of the Central Fund for Agricultural Mutuality considers that the evolution of the parameters is no longer in order to ensure the financial sustainability of the plan, it proposes to the Ministers responsible for agriculture, social security and the budget for the corrections of these parameters over that period. In the light of this proposal, the ministers responsible for agriculture, social security and the budget stop the changes in the parameters mentioned above.
"The proposed amendments cannot exceed ceilings of annual variations, defined by decree in the Council of State.
"In the absence of a three-year plan to ensure the long-term balance of the plan, the service values of the pension point, the purchase values of the pension point and the contribution rates are modified by decree. »
II. ∙ The report referred to in the first paragraph of Article L. 732-58-1 of the Rural and Maritime Fisheries Code is submitted for the first time by 1 September 2015.
I. ― Chapter I of title IV of Book VI of the Social Security Code is thus amended:
1° Article L. 641-2 is as follows:
"Art. L. 641-2.-I. ― The National Insurance Fund for the Age of Liberal Professions is responsible for:
« 1° To ensure the management of the basic old-age insurance plan for liberal professionals and the management of the reserves of the plan, under the conditions set out in this title. To that end, it establishes the regulation of the basic regime, which is approved by order of the Minister for Social Security;
« 2° Animate and coordinate the action of professional sections;
« 3° To exercise social action and ensure the coherence of the social action of professional sections;
« 4° To coordinate and ensure the cohesion of the autonomous old-age insurance organisation of the liberal professions, to give its opinion to the administrations concerned on behalf of the autonomous old-age insurance organisation of the liberal professions and to represent it with the public authorities and other social protection organizations as well as with professional chambers and orders, associations, professional unions and their unions and federations or other representative bodies;
« 5° To create any service of common interest to all professional sections or to some of them;
« 6° To ensure conditions of risk control for the management of the basic regime by occupational sections;
« 7° Ensure consistency and coordination of the information systems of the members of the organization referred to in section L. 641-1.
"The board of directors of the national caisse shall exercise, under the powers set out in 1° to 7°, control over the occupational sections. It is submitted for advice, as part of its jurisdiction, of any proposed legislation or regulations that have an impact on the financial balance of the basic old-age insurance plan, the supplementary pension plans and the disability and loss insurance plans of the liberal professions, under the conditions set out in section L. 200-3.
"A decree in the Council of State defines the modalities for the application of this article. » ;
2° After Article L. 641-3, an article L. 641-3-1 is inserted as follows:
"Art. L. 641-3-1.-I. ― The Director shall be appointed by order, for a term of five years renewable, on the proposal of the Board of Directors, from a list of three names established by the Minister for Social Security. Before the end of his term of office, he can only be terminated after a favourable opinion of the council by a two-thirds majority.
“II. ― The director directs the national caisse. He recruits the staff of the national caisse and has authority over him.
"III. ― The accounting officer is appointed by the board of directors of the national caisse. » ;
3° Article L. 641-4 is as follows:
"Art. L. 641-4.-The Caisse Nationale d'assurance vieuxsse des professions libérales is administered by a board of directors composed of the presidents of its professional sections and six representatives of the inter-professional trade union organizations of the professions.
"Each section chair may be replaced by a member of the board of directors of its professional section.
"Each section chair or, where applicable, its substitute shall have a number of votes fixed annually by the board of directors of the national caisse according to the number of persons registered in each occupational section.
"A decree sets the conditions for the application of this article, including the conditions for the designation of representatives of trade unions and the setting of the number of votes of each director. » ;
4° Section 1 is supplemented by an article L. 641-4-1 as follows:
"Art. L. 641-4-1.-I. ― The State concludes with the national caisse, for a minimum of four years, a multi-year contract with mutual commitments.
"This contract includes management quality objectives common to the basic regimes and complementary regimes referred to in articles L. 644-1 and L. 644-2. For the basic regime, the contract determines multi-year management objectives and the means of operation available to the national caisse and professional sections to achieve them and the actions implemented for these purposes by each signatory.
“II. ― The implementation of the multi-year contract is subject to management contracts between the national caisse and each of the professional sections.
"III. – A decree in the Council of State determines the periodicity, content and signatories of the multi-year contract and management contracts. » ;
5° The last two paragraphs of Article L. 641-5 are replaced by three paragraphs as follows:
"They may, under the conditions provided for by a regulation prepared by the national caisse and approved by decree, carry out social action.
"The statutes of the professional sections, in accordance with the standard statutes approved by decree, are subject to the approval of the board of directors of the national caisse.
"They are deemed to have been approved by the Minister for Social Security without objection within one month of their receipt. » ;
6° Section 2 is supplemented by an article L. 641-7 as follows:
"Art. L. 641-7.-I. ― The professional sections may create associations governed by the law of July 1, 1901 relating to the contract of association or groups of economic interest. The establishment of such an association or such an economic interest group shall be the subject of a constitutive agreement, which shall be approved by the boards of directors of the relevant sections and by the competent authority of the State.
"The association or economic interest group is headed by a director, chosen from among the directors of the sections concerned, and has an accounting officer, selected from the accounting officers of the sections.
“II. ― Subject to adaptations provided by decree in the Council of State, the provisions of this Code applicable to the occupational sections are applicable to their groupings. »
II. ∙ The Director of the National Pension Insurance Fund for the Professionals who are posted on the effective date of this Act is deemed to have been appointed under the conditions set out in section L. 641-3-1 of the Social Security Code for five years from that date.
I. ― Article L. 723-3 of the Social Security Code is amended as follows:
1° After the first occurrence of the word: "by", the end of the second sentence of the first paragraph is thus written: "The Caisse nationale des barreaux français. » ;
2° In the first sentence of the third paragraph, the second occurrence of the word: "to" is replaced by the words: "to the payment to the said credit union" and the word: "the said" is replaced by the words: "the same."
II. ∙ This section comes into force as of January 1, 2014.
Under the conditions set out in section 38 of the Constitution, the Government is authorized to make an order in respect of any action in the area of the law in order to protect the interests of employees and persons who have already left the enterprise or the establishment of the employer on the date of the insolvency of the employer with respect to their acquired rights or their rights in the course of acquisition, to additional corporate pension benefits.
The order shall be made within six months of the promulgation of this Act.
The bill to ratify this order shall be tabled before Parliament no later than the last day of the third month following the issuance of the order.
I. ― After Article L. 921-2 of the Social Security Code, an article L. 921-2-1 is inserted as follows:
"Art. L. 921-2-1. - Contract agents of public law are affiliated with a mandatory supplementary pension plan under Article L. 921-2, known as the "Additional Retirement Institution for Non-Governmental Officers" and defined by regulation.
"Sections L. 243-4 and L. 243-5 apply to contributions to the institution referred to in the first paragraph of this section. The first paragraph of section L. 355-2 applies to benefits provided by that institution.
"The institution referred to in the first paragraph of this section is subject to the control of the general inspection of social affairs. »
II. ― Employees of public legal persons hired, as of the promulgation of this Act, by a contract under Chapter IV of Title III of Book I of Part 5 of the Labour Code are affiliated with the supplementary pension scheme referred to in Article L. 921-2-1 of the Social Security Code.
Employees of private legal persons hired, as of the promulgation of this Act, by a contract under Chapter IV of Title III of Book I of Part 5 of the Labour Code are affiliated with the supplementary pension plans referred to in Chapter IV of Part 5 of the Labour Code.Article L. 921-4 of the Social Security Code.
III. ― Transitional, until December 31, 2016:
1° The first paragraph of Article L. 921-2-1 of the Social Security Code is not applicable to employees, including employees hired after the date of promulgation of this Act and who do not fall under Part II of this Article, employers who, on the same date, are members, for all their employees, of a compulsory supplementary pension scheme referred to in Articles L. 921-2-1 or L. 921-4 of the Act;
2° The memberships referred to in 1° of this III and the resulting affiliations are maintained irrespective of the legal nature of the employment contracts of employees, except in the event of a change in the legal situation of the employer;
3° Derogation from second paragraph of Article L. 922-2 of the Social Security Code :
(a) When the change in the legal situation of an employer leads him to join a supplementary pension plan that does not fall within the plans referred to in section L. 921-4 of the same code, affiliations prior to the date of the operation of employees whose nature of the employment contract is not amended and who were affiliated under the rules resulting from sections L. 911-1, L. 921-2 and L. 921-2-1 of the said code are maintained. The rights acquired prior to the date of the operation by employees who are not mentioned in the first sentence of this paragraph and the rights of former employees and assimilated beneficiaries of supplementary pension benefits are maintained in the plans mentioned in the same article L. 921-4;
(b) When the change in the legal situation of an employer leads him to join a supplementary pension plan that falls under the plans referred to in section L. 921-4, affiliations prior to the date of the operation of employees whose nature of the employment contract is not amended and who were affiliated under the rules resulting from sections L. 911-1, L. 921-2 and L. 921-2-1 of the same code are maintained in the previous plan. The rights acquired prior to the date of the operation by employees who are not mentioned in the first sentence of this b and the rights of former employees and assimilated beneficiaries of supplementary pension benefits are maintained in the previous plan;
4° Transfers and retentions induced by a and b of the 3° give rise to financial compensation between the regimes concerned. Financial compensation is organized, under the conditions provided for by a framework agreement between the regimes concerned and approved by joint decree of the ministers responsible for social security and budget, taking into account the respective expenses and revenues of each agency.
The modalities for the application of this III are defined by decree in the Council of State.
IV. ― By derogation from the first paragraph of Article L. 921-2-1 of the Social Security Code, affiliations to complementary pension plans already made on January 1, 2017 are maintained until the termination of the employment contract of the employees concerned.
An annual compensation is organized between the regimes referred to in Article L. 921-4 and the regime established by Article L. 921-2-1 of the same code. A convention between the federations referred to in Article L. 921-4 and the institution referred to in Article L. 921-2-1 of the said Code, approved by joint decree of the ministers responsible for social security and budget, shall organize such compensation, taking into account the respective expenses and revenues of each of these organizations resulting from this Article. If the agreement is not signed before January 1, 2018, a decree in the Council of State shall arrange this compensation.
The modalities for the application of this IV are defined by decree in the Council of State.
V. ― The first sentence of the second paragraph of Article L. 922-2 of the Social Security Code is supplemented by the words: ", excluding employees referred to in Article L. 921-2-1".
VI. ∙ IV and V of this Article come into force as of January 1, 2017.
I. ― Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make any measures within the scope of the law:
1° For Mayotte, to extend and adapt the old age insurance legislation applicable in metropolis;
2° For Saint-Pierre-et-Miquelon, to reconcile the provisions of Act No. 87-563 of 17 July 1987 reforming the old-age insurance regime applicable to Saint-Pierre-et-Miquelon of the applicable legislation in metropolis.
II. — Orders shall be issued no later than the last day of the eighteenth month following the promulgation of this Act.
The bills to ratify these ordinances are tabled before Parliament on or before the last day of the sixth month following that of their publication.
This law will be enforced as a law of the State.
Done on 20 January 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Economy and Finance,
Pierre Moscovici
Minister of Social Affairs
and Health,
Marisol Touraine
The Minister of Labour, Employment,
vocational training
and Social Dialogue,
Michel Sapin
Minister of Agriculture,
agri-food and forest,
Stéphane Le Foll
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
