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Decree No. 2014-961 22 August 2014 On The Coordination Between The Pension Plans Applicable To The Public Functions Of Common Law And New Caledonia

Original Language Title: Décret n° 2014-961 du 22 août 2014 portant coordination entre les régimes de retraite applicables aux fonctions publiques de droit commun et de la Nouvelle-Calédonie

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ASSISTANCE, ASSISTANCE,


JORF n°0197 of 27 August 2014
text No. 16



Decree No. 2014-961 of 22 August 2014 on the coordination of pension plans for public functions of common law and New Caledonia

NOR: FCPB1327764D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/8/22/FCPB1327764D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/8/22/2014-961/jo/texte


Public officials concerned: civil servants of the State Public Service, judicial and military officials under the jurisdiction of the Civil and Military Pension Code as well as their cause, territorial and hospital public officials affiliated to the National Pension Fund for Local Government Officers and their cause.
Purpose: Coordination between pension plans for public functions of common law and New Caledonia.
Entry into force: the decree comes into force on 1 September 2014.
Notice: the text is intended to provide a common effective date for the provisions of the 5th of Article L. 5 of the Civil and Military Pension Code as amended byArticle 83 of Act No. 2013-1279 of 29 December 2013 for 2013 and for the coordination agreement between the pension plans applicable to public functions of common law and New Caledonia. For the application of the provisions of Civil and Military Pension Code referred to above, the services performed in the public office of New Caledonia are taken into account in the constitution of the pension entitlement only for the officers held in the public office of common law until the day before the entry into force of the aforementioned agreement.
References: the provisions of Civil and Military Pension Code, in their writing in force on the date fixed by this decree, can be consulted 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 la Organic Law No. 99-209 of 19 March 1999 relating to New Caledonia, in particular the 1st of Article 133 of the Convention;
Vu le Civil and Military Pension Code ;
Considering the New Caledonia Pension Code;
Vu la Act No. 98-145 of 6 March 1998 empowering the Government to take, by order, the necessary legislative measures to update and adapt the applicable overseas law, including the 5th of its article 1st;
Vu la Act No. 2013-1279 of 29 December 2013 for 2013, including its article 83;
Having regard to Country Law No. 2014-5 of 12 February 2014 amending the Pension Code for Public Service Employees in New Caledonia;
See?Order No. 98-731 of 20 August 1998 adapting to overseas departments, New Caledonia and the territorial community of Saint-Pierre-et-Miquelon various provisions relating to health and social affairs, including Article 5;
Considering the opinion of the Supervisory Board of the Caisse des dépôts et consignations of 30 April 2014;
Considering the opinion of the Government of New Caledonia of 4 February 2014,
Decrete:

Article 1 Learn more about this article...


The agreement between the pension plans applicable to public functions of common law and New Caledonia, which is annexed, is approved. It will take effect from 1 September 2014.

Article 2 Learn more about this article...


Section 83 of the above-mentioned Act December 29, 2013 comes into force as of September 1, 2014.

Article 3 Learn more about this article...


Services performed in the permanent local frameworks of the public functions of New Caledonia referred to in 5° of Article L. 5 of the Civil and Military Pension Code are taken into account in the constitution of pension rights under the same code for only agents:
1° Titularized in one of the public functions of common law before the effective date of the agreement annexed to this decree;
2° Appointed in the judicial bodies of the judiciary before the effective date of the agreement annexed to this decree;
3° Named on military jobs before the effective date of the agreement annexed to this Order.

Article 4 Learn more about this article...


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

  • Annex


    Annex
    AGREEMENT OF COORDINATION IN THE REGIONAL REQUIREMENTS FOR THE PUBLIC FUNCTIONS OF COMMON LAW AND THE PUBLIC FUNCTIONS OF NEW CALEDONIA

    • Part I: GENERAL PROVISIONS


      Article 1
      Field of territorial application and personnel


      This Agreement sets out for the following persons the applicable pension coordination rules between the Common Law Regimes of the State and the National Pension Fund of Local Government Officials (CNRACL), on the one hand, and the Regime of the Local Pension Fund of New Caledonia (CLR), on the other.
      1. With regard to the public service of the State, the territorial public service and the hospital public service, are concerned:
      (a) The civil servants of the State, the military and judicial officials and their perpetrators;
      (b) Territorial officials and hospital officials and their beneficiaries.
      With regard to the public functions of New Caledonia, are concerned:
      (a) Territorial officials of New Caledonia and their cause;
      (b) Officials of the municipalities of New Caledonia and their cause.


      Article 2
      Field of application material - legislation covered - field of application in time


      This Agreement shall apply:
      (a) For persons referred to in Article 1 of this Agreement:


      - all legislation and regulations governing civil and military pensions;
      - all legislation and regulations governing the pensions of civil servants affiliated to the CNRACL.


      (b) With respect to persons referred to in 2 of Article 1 of this Agreement:


      - all legislation and regulations governing the retirement pensions of public servants in New Caledonia.


      2. This Agreement shall also apply to legislative or regulatory acts that will amend or supplement the laws or regulations listed in 1 of this Article to the extent that they relate to persons covered by this Agreement.
      3. This Agreement shall not apply to legislative or regulatory acts that completely amend a pension regime, covering a new population or extending existing regimes to new categories of beneficiaries unless an Agreement is in effect between the State and New Caledonia.
      4. This Coordination Agreement applies:


      - agents belonging to or belonging to the bodies referred to in 1 of Article 1 held in one of the public functions referred to in 2 of the same Article after the entry into force of this Agreement, and their persons involved;
      - agents belonging to or belonging to the bodies referred to in 2 of Article 1 held in one of the public functions referred to in 1 of the same article after the entry into force of this Agreement, and their persons involved.


      Article 3
      Equal treatment


      The persons referred to in Article 1 of this Agreement, who are insured under any of the laws or regulations referred to in Article 2 of this Agreement, as well as their cause, shall enjoy equal treatment for the application of the legislation or regulations in force in each of the two territories.

    • Part II: COORDINATION PROVISIONS


      Article 4
      Principle


      Officials who have performed their services for a party in one of the public functions referred to in 1 of Article 1 of this Agreement and for a party in one of the public functions referred to in 2 of the same Article shall, if they fulfil the conditions for the constitution of the pension rights provided for in the texts referred to in Article 2, of a pension of the pension plan of the State or CNRACL, on the one hand, and of a pension of the plan


      Article 5
      Constitution of law and pension liquidation


      Each plan shall determine the conditions for the establishment of the right and the liquidation of the pension under the following rules:
      1. Constitution of the law:
      Each plan determines, based on its own legislation or regulations, whether the individual meets the conditions required to be entitled to a pension.
      2. Pension liquidation:
      If the right to pension is constituted, the State or CNRACL regime, on the one hand, and the CLR, on the other hand, liquidate the pensions prorated to the duration of the services performed in the corresponding public functions to which the relevant bonuses are added and assign the pension accessories provided by application of their respective regulations, subject to the provisions set out in Articles 6 to 8.
      The duration of the services performed in the public functions of New Caledonia to which the relevant bonuses are added shall be taken into account in the duration of insurance all plans deducted by the State or CNRACL pension plan.


      Article 6
      Period allocation rules


      The actual service periods performed by public servants in one of the public functions referred to in Article 1 shall be taken into account for the liquidation of the pension subject to the following provisions:
      1. Non-title services that have been validated are recorded by the plan that has issued the validation.
      2. Periods of study that have been paid for contributions are recorded by the plan that authorized their redemption.
      3. National service periods are taken into account by the first special regime to which the individual was affiliated after the completion of the special regime.
      4. Bonuses and other benefits are taken into account in the services performed in the corresponding civil service.
      The service durations are expressed by plan in the following time units: years, semesters, quarters, months or days. By convention, a period of 30 days is counted for one month.
      The total service duration is expressed in quarters. The quarter fraction greater than or equal to 45 days is counted for one quarter and the quarter fraction less than 45 days is neglected.


      Article 7
      Elements taken into account in calculating pension - enjoyment of pension


      1. The winding-up of each pension is based on actual employment emoluments, class, grade, grade, step and chevron held for six months at the time of the final separation of services in the corresponding public service, except for the specific legislation or regulations provided for in the plan.
      2. The family benefits (e.g., insurance coverage) are granted by the plan to which the grievor was affiliated with the date of birth of the child entitled to it and by the first affiliation scheme for children born before the conditions provided for in that plan.
      3. The benefits for family expenses (residential staff) are granted by each plan taking into account all of the grievor's children, as defined in the applicable regulations.
      4. In the event of the opening of the right to special increase served in the event of continuous recourse to the assistance of a third person under a pension plan for public servants of common law as well as the pension plan for public servants of New Caledonia, the latter is granted exclusively by the plan in which the longer term of service is served.


      Article 8
      Age of retirement


      The retirement age in one of the plans is, regardless of the reason, without impact on the conditions of opening rights in the other plan.


      Article 9
      Information exchanges


      Each pension plan shall inform the other pension plan of the pension applications and of the related elements before it, as well as of the grant of pensions and any event that may affect the pension entitlement or the amount of the pension, excluding statutory reclamation.
      The plans shall provide all necessary information regarding insured persons covered by this Agreement.


      Article 10
      Reversion pensions


      Reversion pensions are paid according to the rules specific to the plan that assigns them.

    • Part III: OTHER PROVISIONS


      Article 11
      Information


      The competent authorities of the State and New Caledonia shall communicate any information concerning the measures taken to implement this Agreement, as well as any amendments to their laws or regulations that may affect this application.


      Article 12
      Entry into force of the Agreement


      This Agreement shall take effect:


      - for pension schemes of public functions of common law, from the date of entry into force provided for in the decree to which this Agreement shall be annexed;
      - for the pension plans of the public service of New Caledonia, from the date of entry into force provided for by the Government of New Caledonia to which this Agreement will be annexed.


      Done on 22 August 2014.
      For the Government of France:


      The Prime Minister,
      Manuel Valls


      Minister of Finance and Public Accounts,
      Michel Sapin


      Minister of Social Affairs and Health,
      Marisol Touraine


      Minister of Decentralization and Public Service,
      Marylise Lebranchu


      Minister of Overseas,
      George Pau-Langevin


      The Secretary of State in charge of the budget,
      Christian Eckert


      For the government of New Caledonia:
      The President of the Government of New Caledonia,
      Cynthia Ligeard


Done on 22 August 2014.


Manuel Valls

By the Prime Minister:


Minister of Finance and Public Accounts,

Michel Sapin


Minister of Social Affairs and Health,

Marisol Touraine


Minister of Decentralization and Public Service,

Marylise Lebranchu


Minister of Overseas,

George Pau-Langevin


The Secretary of State in charge of the budget,

Christian Eckert


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