Key Benefits:
Publics concerned: insured by the special regime of notaries and clerks.
Subject: transposition of the provisions of Act No. 2014-40 of 20 January 2014 guaranteeing the future and justice of the pension system to the special pension plan for clerics and notary employees.
Entry into force: the text comes into force on the day after its publication, with the exception of sections 1 and 6 that apply to pensions due as of April 2014.
Notice: this decree amends the Decree No. 90-1215 of 20 December 1990 amended pursuant to the Act of 12 July 1937 establishing a pension and pension fund for clerics and notary employees and amending certain provisions relating to the pension fund in order to transpose to the pension plan of clerics and employees of notaries several provisions of the Act No. 2014-40 of 20 January 2014 guaranteeing the future and justice of the pension system. These provisions relate to the increase in the insurance period, the date of pension revalorization, the expansion of the "reputed" quarter field for the benefit of the long-term early retirement and the acquisition of the years of study for young assets.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Finance and Public Accounts and the Minister of Social Affairs and Health,
Vu le Social Security Code ;
Having regard to the amended Act of 12 July 1937 establishing a pension and pension fund for clerics and notary employees;
Vu le Decree No. 90-1215 of 20 December 1990 amended to implement the Act of 12 July 1937 establishing a pension and pension fund for clerics and notary employees and amending certain provisions relating to the pension fund;
The State Council (Social Section) heard,
Decrete:
I. - The 3rd of Article 79 of the above-mentioned Decree of 20 December 1990 is thus amended:
1° Before the words: "of Article 89", the words "in the first two paragraphs" are added;
2° After the word: "applicable;" are added the following words: "This salary is revalued under the conditions set out in theArticle L. 341-6 of the Social Security Code "
II. - The provisions of this Article shall apply to basic salaries for the calculation of pensions due as of April 2014.
Article 84 of the above-mentioned Decree of 20 December 1990 is amended as follows:
1° The b of the 3rd I is replaced by the following provisions for pensions effective January 1, 2017:
“(b) Effective January 1, 2017, for the purposes of the III of Article 85 and Article 85-2 of this Order to the insured persons mentioned in paragraph 3 of this Decree, the year taken into account is that in which they reach the age of sixty years. If this age is reached after June 30, 2019, the applicable minoration coefficient is that provided for in the first paragraph of Article 85-1. » ;
2° The second paragraph of Article 84 III, in its current version for pensions effective January 1, 2017, is replaced by the following provisions:
"However, for the purposes of the minimum insurance condition that gave rise to contributions, are also deemed to be paid:
« 1° The entire period of maternity leave referred to in the 1st of Article 90;
« 2° The periods during which the insured person received a disability pension, referred to in 1° of section 90 within two quarters;
« 3° The periods during which the insured person received unemployment benefits, referred to in 3° of section 90 within four quarters.
"For the purposes of each of the limits set out in 2° and 3°, the quarters that are deemed to be paid to all the basic mandatory regimes, under the same provisions or regulatory provisions having the same object and relating, respectively, to the periods of the same nature. »
Article 84-1 of the above-mentioned Decree of 20 December 1990 is amended as follows:
1° The eighth preambular paragraph is deleted;
2° After the fifth preambular paragraph, a sub-item reads as follows:
"By derogation from the conditions set out in the preceding paragraph, the amount of contribution 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 ten years from the end of the studies, and the number of quarters eligible for that specific amount. »
The above-mentioned decree of 20 December 1990 is amended:
1° The second paragraph of Article 85 I is replaced by the following provisions:
" Subject to the transitional provisions of Article 85-2, the number of quarters required to obtain the maximum percentage of the pension is set at one hundred and seventy-two. » ;
2° The III of section 85, in its current version for pension effective January 1, 2017, is replaced by the following provisions:
"III.-The number of quarters required to obtain the maximum percentage of the pension is the number that is in effect when the insured reaches the age of sixty.
"By derogation from the previous paragraph, the number of quarters required to obtain the maximum percentage of the pension for insured persons who meet the conditions for the liquidation of a pension before the age of sixty is that required for insured persons who reach the age of sixty years the year from which the liquidation may take place. »
Article 85-2 of the above-mentioned Decree of 20 December 1990 is replaced by the following provisions:
"I.-The time required to obtain the maximum percentage of the pension referred to in I of section 85 is 151 quarters for persons meeting the conditions defined in I of section 84 between July 1 and December 31, 2008 inclusive. For those who meet the conditions set out in I of section 84 after December 31, 2008, it increases from one quarter to January 1 and July 1 of each year to July 1, 2012 inclusive, from one quarter to December 1, 2012, then from one quarter to July 1 of each year until the period of 166 quarters to July 1, 2018.
" Effective July 1, 2019, it is set to:
" 167 quarters, for insured persons born between July 1, 1959 and December 31, 1960;
"68 quarters, for insured persons born between January 1, 1961 and December 31, 1963;
"69 quarters, for insured persons born between January 1, 1964 and December 31, 1966;
"170 quarters for insured persons born between January 1, 1967 and December 31, 1969;
"171 quarters, for insured persons born between January 1, 1970 and December 31, 1972;
" 172 quarters, for insured persons born from January 1, 1973. »
I.-A Article 139 of the decree of 20 December 1990 referred to above, after the words: "Article 96", are added the words: ", with the exception of supplementary disability pensions received under Chapter VI of this decree, which are revalued under the conditions fixed by theArticle L. 341-6 of the Social Security Code. »
II.-These provisions apply to pensions due as of April 2014.
In the second paragraph of Article 110 of the above-mentioned Decree of 20 December 1990, the words: "a mother or a father of family" are replaced by the words: "a parent".
The Minister of Finance and Public Accounts, the Minister of Social Affairs and Health and the Secretary of State responsible for the budget are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 23 June 2014.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs and Health,
Marisol Touraine
Minister of Finance and Public Accounts,
Michel Sapin
The Secretary of State in charge of the budget,
Christian Eckert
