Key Benefits:
Publics concerned: employees of employers of private law, public employees employed under conditions of private law.
Subject: terms and conditions for the acquisition of points under the personal account for the prevention of inability and the conditions for the use of these points.
Commencement: This Order comes into force on January 1, 2015.
Notice: This decree first determines the terms and conditions for the acquisition of points under the personal toll-prevention account. Thus, employees employed throughout the year and exposed to a single occupational risk factor acquire four points per calendar year and those exposed to several factors, eight points. Employees whose contract begins or ends during the calendar year acquire, by three months of exposure, a point if exposed to a single factor and two points in case of exposure to several factors. The maximum number of points that can be entered on the account for the employee's entire career is set at 100 points. The point acquisition scale is being adjusted for insured persons born before 1 July 1956.
The decree defines the terms and conditions for the use of acquired points. They can first be used to fund professional training to access an unexposed or less exposed job as part of an extensive personal training account, each point to acquire 25 hours of training. Points can also finance a reduction in working time, 10 points to offset a reduction in working time equivalent to 50% during a quarter. Finally, acquired points can be used to increase the old age insurance period, 10 points to acquire a quarter of insurance. The first twenty points on the account are reserved for vocational training. The employee shall apply for the use of the points with the credit union responsible for the liquidation of the basic pension of the general pension plan in the jurisdiction of which his residence is located. Special terms and conditions for use of points are developed for insured persons born before 1 January 1963.
Finally, the Order states that the payment of the additional fee payable by employers for the purpose of the payment is made no later than January 31 of the following year or, for employers of agricultural workers, February 15 of the following year.
References: This decree is made for the application of the legislative provisions of the Labour Code from the Articles 10 to 14 of Act No. 2014-40 of 20 January 2014. The texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights and the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Vu le Rural Code and Maritime Fishingincluding its article R. 741-2;
Vu le Social Security Codeincluding articles L. 133-5-4, L. 161-17-2 and L. 351-6-1;
Vu le Labour codeincluding articles L. 4162-1, L. 4162-4 and L. 6323-4;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations;
Vu la Act No. 2014-40 of 20 January 2014 guaranteeing the future and justice of the pension system, including Article 16;
Considering Decree No. 2014-1159 of 9 October 2014 on the exposure of workers to certain occupational risk factors beyond certain thresholds and its traceability;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality of July 3, 2014;
Having regard to the opinion of the Council on working conditions of 9 July 2014;
Having regard to the advice of the Board of Directors of the National Pension Insurance Fund of Employees as of 10 July 2014;
Considering the advice of the National Standards Assessment Board dated 10 July 2014;
Considering the opinion of the National Council for Vocational Training throughout the life of 11 July 2014;
Considering the opinion of the National Collective Bargaining Commission of 11 July 2014;
The State Council (Social Section) heard,
Decrete:
In Book I of Part IV of the Labour Code, after Title V, a title VI is added entitled: "Special provisions to certain occupational risk factors and tollibility" including a chapter I titled "Exhibition Prevention Sheet", a chapter II entitled "Personal Insight Prevention Account" and a chapter III entitled "Invesions for the Prevention of Insight".
Chapter II reads as follows:
“Chapter II
“Personal Insight Prevention Account
“Section 1
"Initiation and Abundance of the Personal Prevention Account
"Art. R. 4162-1.-I.-At the end of each calendar year and no later than January 31 of the following year, the employer declares, as part of the declaration provided for in Article L. 133-5-4 of the Social Security Code, for workers holding a contract of work whose duration is greater than or equal to the calendar year, the occupational risk factors or factors defined in Article D. 4161-2
"II.-For workers with a contract of employment whose duration, greater than or equal to one month, begins or ends in calendar years, the employer shall declare under the same conditions the occupational risk factors or factors defined in section D. 4161-2 to which they have been exposed and the duration of exposure.
"III.-At the end of each calendar year and no later than January 31 of the following year, the employer of agricultural workers whose duration of the employment contract is that defined in I and II of this section declares under the conditions set out in sections R. 741-2 and R. 712-7 the rural code and the marine fishery if the employee has been exposed, beyond the thresholds set out in article D. 4161-2 of this code, to one or more occupational risk factors defined in these articles and transmits to his agricultural social mutuality fund data relating to the exposures of the employees concerned.
"Art. R. 4162-2.-I.-For employees who hold a contract of work whose duration is greater than or equal to the calendar year, the declaration provided for in I and III of Article R. 4162-1 shall result in the registration by the National Old Age Insurance Fund of employed workers on its personal account to prevent the inability of:
« 1° Four points when exposed to a single occupational risk factor;
« 2° Eight points when exposed to several occupational risk factors.
"II.-For employees who hold a work contract whose duration, greater than or equal to one month, begins or ends in a calendar year, the National Fund for Old Age Insurance for Employees shall aggregate all the declarations set out in II and III of Article R. 4162-1 transmitted by the employer(s) and shall establish, for each occupational risk factor declared, its total duration of exposure in the calendar month as a result.
"Each three-month exposure to a professional risk factor results in the allocation of a point. Each three-month exposure period to several occupational risk factors leads to the allocation of two points.
"III.-The total number of points on the personal disability prevention account cannot exceed one hundred points during the employee's professional career.
"Art. A. 4162-3.-By derogation from the provisions of article R. 4162-2, for insured persons born before 1 July 1956, the points entered are multiplied by two.
“Section 2
"Uses of personal toll prevention account
"Subsection 1
"Terms of use of account
"Art. R. 4162-4.-The points on the personal toll prevention account are used as follows:
« 1° A point opens up to 25 hours of care for all or part of the costs of a continuing professional training action to access an unexposed or less exposed job;
« 2° Ten points are entitled to a supplement of compensation, the amount of which corresponds to compensation for three months of a reduction in working time equal to a half-time;
« 3° Ten points are entitled to a quarter of old age insurance increases under the conditions provided by theArticle L. 351-6-1 of the Social Security Code.
"Art. R. 4162-5.-The points are consumed according to the scale provided for in article R. 4162-4 by 10 points for the uses provided for in 2° and 3° of this article and point per point for the use provided for in 1° of the same article.
"Art. R. 4162-6.-The first twenty points listed are reserved for use under Article L. 4162-4, Part I.
"However, for insured persons born before 1 January 1960, no point is reserved for use referred to in 1° of Article L. 4162-4.
"For insured persons born between January 1, 1960 and December 31, 1962, the first ten points are reserved for use mentioned in article L. 4162-4, 1° of I.
"Art. A. 4162-7.-The account holder can access an online statement of points allowing him to know the number of points available for the desired uses and to edit a supporting document.
"Art. R. 4162-8.-The request for the use of the points on the personal account for the prevention of inability under 1°, 2° or 3° of Article L. 4162-4 is made online by the account holder on the site dedicated to this effect, in the forms and with the justifications determined by decree of the Minister responsible for social security.
"It may also be sent by the account holder to the credit union responsible for the liquidation of the basic pension of the general pension plan in the jurisdiction of which his residence is located or, in the case of residence abroad, his last place of work in France. The application to a caisse other than that of the insured's residence is forwarded to the insured.
"The request for the use of the points can only intervene from the inclusion of the points on the personal toll-prevention account.
"It is given to the applicant received from this application.
"Art. R. 4162-9.-The silence that has been kept for more than four months by the caisse on an application for use of the points is rejected.
"Art. A. 4162-10.-Once the request for use of the points made, the points corresponding to the use required by the holder are reserved and may not be assigned to another use until the decision of the credit union referred to in the second paragraph of section R. 4162-8.
"The acceptance of the application by this caisse allows the use of these points and the settlement of the sums related to each use allows to clear the account of these points.
"Subsection 2
“Use of account for vocational training
"Art. A. 4162-11.-When the holder of a personal toll prevention account wishes to abound his personal training account under 1° of Article L. 4162-4, he shall attach to his training request a document specifying the number of hours he wishes to devote to his training for hours acquired by the personal toll prevention account. This document also includes elements specifying the position occupied by the employee and the nature of the training requested in order to assess the eligibility of the training referred to in Article L. 4162-4.
"Art. A. 4162-12.-When the training requested by the holder of a personal toll prevention account is one of the training courses facilitating the professional evolution of employees exposed to occupational risk factors referred to in the fifth paragraph of section L. 6323-16 or where the application is recognized as eligible by the organization or employer in charge of the training costs of the applicant, it is deemed to meet the requirements of 1° I62.
"Art. R. 4162-13.-Where the application for training is validated by the organization or employer in charge of the applicant's training costs, the organization or employer shall provide a certificate to the employee who then makes his application under the conditions set out in R. 4162-8.
"Art. R. 4162-14. - The points in the personal account for the prevention of the inability to be mobilized for vocational training and converted to hours of training constitute an abundance of the personal training account mentioned in theArticle L. 6323-1 of the Labour Code.
"Art. R. 4162-15.-In order to obtain the payment referred to in R. 4162-16, the funder of a training action funded under the personal training account abounded by the personal inability prevention account shall provide to the credit union referred to in 1° of R. 4162-8 a certificate indicating that the training was actually followed and was subject to a regulation.
"The content and terms of this certificate are defined by order of the Minister for Social Security and the Minister for Vocational Training.
"Art. A. 4162-16.-On the basis of the attestation referred to in R. 4162-15, the credit union responsible for the liquidation of the basic pension plan in the jurisdiction of which is the residence of the holder of the account or, in the case of residence abroad, his last place of work in France pays to the financial officer of a training action financed by the personal account of training and abounded by the personal prevention account
"Art. R. 4162-17.-The amount of the training hour funded under the 1st of Article R. 4162-4 is fixed in relation to the actual cost of training within a ceiling determined by a decree of ministers responsible for social security, budget and vocational training. However, where the cost of the training hour exceeds this ceiling, an additional monetary value of the training hours, within the limits of the ceiling, may be granted upon request of the employee by taking into account hours abounded on the personal training account not used for this training or by the mobilization of a number of additional points of the personal toll prevention account.
"Subsection 3
"Use of account for part-time transition
"Art. D. 4162-18.-The employee shall apply to his employer for the reduction of his or her working time under the conditions laid down in Article L. 3123-5, the first paragraph of Article L. 3123-6 and Article L. 4162-7 and in the manner provided for in Article D. 3123-3. In support of his application, he attached the evidence referred to in R. 4162-7.
"The employee must specify his or her request for a reduction in working time without the working time being less than 20% or more than 80% of the working period applicable to the establishment.
"Art. D. 4162-19.-The length of work reduction factor is valued by the ratio of the duration requested to the previous working period. It is rounded to two decimals, the nearest one hundredth.
"The number of days covered under the supplement of compensation referred to in 2° I of Article L. 4162-4 is equal to the following product:
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JO n o 0235 of 10/10/2014, text n o 40
"The number of days is rounded to the nearest whole day.
"Art. D. 4162-20.-Once the employer's agreement is reached, the employee shall apply for the use of the points under 2° of Article L. 4162-4 under the conditions laid down in Article R. 4162-8.
"Art. D. 4162-21.-The employer shall, by any means, transmit to the credit union responsible for the liquidation of the basic pension plans of the general pension plan referred to in the second paragraph of section R. 4162-8 a copy of the worker's contract, as well as the necessary elements for the reimbursement of compensation and legal and conventional social contributions and contributions related to that supplement.
"The list of elements and their means of transmission shall be determined by decree of ministers responsible for social security and labour.
"Once these elements are forwarded to the credit union, the employer shall reimburse the employer for the additional legal and conventional remuneration and social contributions and contributions relating to this supplement, paid by the employer for the days referred to in the second paragraph of section D. 4162-19.
"Art. D. 4162-22.-The amount of the pay supplement is determined by applying the work duration reduction coefficient referred to in D. 4162-19, to the remuneration and gains referred to inArticle L. 242-1 of the Social Security Code who would be perceived by the employee if he did not benefit from this reduction in working time.
"Subsection 4
"Use of the pension account
"Art. A. 4162-23.-The holder of a personal toll prevention account may apply for the use of the points under section L. 4162-4, 3° of I, under the conditions set out in section R. 4162-8 as long as he reaches the age of 55 years. »
In subsection 4 of chapter II, section 4, title VI of Book I of the fourth part of the Labour Code, an article R. 4162-57 is added as follows:
"Art. R. 4162-57. - The payment of the contribution referred to in Article II of Article L. 4162-20 due to employees exposed beyond the thresholds set out in Article D. 4161-2 shall be made no later than the date referred to in Article I of R. 4162-1 or, for employers of agricultural employees, no later than 15 February of the following year. »
I. - After article D. 161-2-1-9 of the Social Security Code, an article D. 161-2-1-10 is inserted as follows:
"Art. D. 161-2-1-10. - The age set out in section L. 161-17-2 is lowered due to the number of quarters awarded under the insurance increase provided for in theArticle L. 351-6-1 of the Social Security Code within eight quarters. »
II. - After article R. 351-27 of the Social Security Code, an article R. 351-27-1 is inserted as follows:
"Art. R. 351-27-1. - By derogation from the provisions set out in R. 351-27, the coefficient of reduction of the full rate provided for in 2° of this article shall not exceed 25% when the insured person may receive a pension under the conditions set out in L. 161-17-4. »
This Order comes into force on January 1, 2015.
The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, the Minister of Labour, Employment, Vocational Training and Social Dialogue and the Secretary of State responsible for the budget are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 9 October 2014.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
Minister of Finance and Public Accounts,
Michel Sapin
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
François Rebsamen
The Secretary of State in charge of the budget,
Christian Eckert
