Key Benefits:
Publics concerned: insured under old-age insurance schemes of employees, ministers of worship and members of religious congregations and communities, non-employed workers of artisanal, industrial or commercial professions, liberal professionals, lawyers and non-working workers of agricultural professions, the regime of civil and military officials of the State, the regime of territorial and hospital officials, the regime of workers of the industrial establishments of the State, the regime of the iron
Purpose: Reduce the amount of contributions due in the event of a retirement payment for certain years of higher education, periods of activity as a mother's assistant and periods of learning.
Entry into force: the text comes into force on the day after its publication.
Explanatory Note: the amount of pension payments that allow insured persons to validate old-age insurance quarters for their graduate years or years of incomplete activity is determined on the basis of the actuarial neutrality principle.
However, a more favourable rate for insured persons is provided, on the one hand, for payments for periods of study made within ten years after the completion of the studies and, on the other hand, for payments made for incomplete years corresponding to periods of maternal assistant activity between 1 January 1975 and 31 December 1990 or to periods of learning between 1 July 1972 and 2013.
The purpose of this Order is to determine the amount of contributions due in these three assumptions and the conditions and limits of their application.
References: This Order is made for the purposes of section 27 of the Act of 20 January 2014 guaranteeing the future and justice of the pension system. The provisions of Social Security Code Amended by this decree may 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 and the Minister of Social Affairs, Health and Women's Rights,
Vu le Civil and Military Pension Codeincluding article L. 9 bis;
Vu le Rural Code and Maritime Fishingincluding article L. 732-27-1;
Vu le Social Security Codeincluding articles L. 351-14-1, L. 634-2-2 and L. 643-2;
Vu le Labour codeincluding article L. 6211-1;
Vu le Decree No. 46-1541 of 22 June 1946 approving the national status of electric and gas industry personnel;
Vu le Decree No. 68-382 of 5 April 1968 amended to include the status of the staff pension fund of the Paris Opera;
Vu le Decree No. 68-960 of 11 October 1968 amending the status of the Comédie-Française staff pension fund;
Vu le Decree No. 90-1215 of 20 December 1990 Implementing the Act of 12 July 1937 establishing a pension and pension fund for clerics and notary employees and amending certain provisions relating to that fund;
Vu le Decree No. 2003-1306 of 26 December 2003 relating to the pension plan for officials affiliated to the National Pension Fund for Territorial Officers;
Vu le Decree No. 2003-1308 of 26 December 2003 to take into account periods of study for the calculation of the pension and taken for the application of theArticle 45 of Act No. 2003-775 of 21 August 2003 reforming pensions;
Vu le Decree No. 2003-1310 of 26 December 2003 the scale and terms of payment for taking into account the periods of study for the calculation of the pension and taken for the application of theArticle 45 of Act No. 2003-775 of 21 August 2003 reforming pensions;
Vu le Decree No. 2004-1056 of 5 October 2004 concerning the pension regime of workers of industrial establishments of the State;
Vu le Decree No. 2007-262 of 27 February 2007 relating to the pension plan of the incumbents of the Bank of France;
Vu le Decree No. 2008-637 of 30 June 2008 regulating the pensions of the staff of the Autonomous Régie des transports parisiens;
Vu le Decree No. 2008-639 of 30 June 2008 relating to the special pension plan for the staff of the Société nationale des chemins de fer français;
Having regard to the advice of the Board of Directors of the National Railway Corporation staff pension and pension plan dated 4 November 2014;
Considering the advice of the Board of Directors of the National Old Age Insurance Fund dated 5 November 2014;
Having regard to the advice of the Board of Directors of the National Pension Insurance Fund for Professionals of 6 November 2014;
Considering the advice of the Board of Directors of the National Fund of Electrical and Gas Industries dated 6 November 2014;
Having regard to the advice of the board of directors of the staff pension fund of the Régie autonome des transports parisiens dated 6 November 2014;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality of 13 November 2014;
Considering the opinion of the Bank of France General Council of 17 November 2014,
Decrete:
The Social Security Code is thus amended:
1° Section D. 351-4 is amended as follows:
(a) The first paragraph is replaced by six subparagraphs as follows:
"In order to exercise the right of payment referred to in Article D. 351-3, the interested party submits an application that, in the absence of admissibility:
« 1° The reference to the option provided for in section D. 351-7 and the timing chosen under section D. 351-11 or the IV of section D. 351-14-1;
« 2° Statements and supporting documents to identify the individual and to assess his or her income with respect to the thresholds set out in 3° of Article D. 351-8;
« 3° Statements and supporting documents to determine the periods for which it is presented;
« 4° The mentions and supporting documents to assess the situation of the individual under the conditions mentioned in 1° of Article L. 351-14-1, relating to the attainment of the degree or education assimilated to the attainment of a diploma and the affiliation with the regime, and in the light of the conditions laid down in II of the same article, relating to the initial nature of the training and to the time limit.
"The list of such records and supporting documents shall be determined by order of the Minister for Social Security and, with regard to education and agricultural income, of the Minister for Agriculture. » ;
(b) In the second and third paragraphs, the words "of Article L. 351-14-1" are replaced by the words "of Article I L. 351-14-1";
2° The second paragraph of Article D. 351-5 is amended as follows:
(a) The words: "of Article L. 351-14-1" are replaced by the words "of Article L. 351-14-1";
(b) The words: ", and in the course of which it has not registered a compulsory or voluntary old age insurance plan" are deleted;
3° In the second paragraph of section D. 351-13, the words: "the amount of the payment corresponding to a quarter according to the option provided for in section D. 351-7, the total amount of the payment corresponding to that number of quarters as well as the amount and, if applicable, the date of payment of each term corresponding to the amount provided for in section D. 351-11" shall be replaced by the words:
4° Section 8 of chapter I of Book III title V is supplemented by three articles D. 351-14-1 to D. 351-14-3, as follows:
"Art. D. 351-14-1. - I. - Pursuant to Article L. 351-14-1, the amount of the payment to be made by the insured for each quarter for the purposes of taking into account the periods referred to in 1° of I of the same article, determined in accordance with Articles D. 351-8 and D. 351-9, shall be cut down by a lump sum when the application covers an initial training period and is submitted by the end of December 31
“II. - The lump-sum amount provided for in I shall be equal to:
"1° 670 euros per quarter, when the payment is taken into account in the manner provided for in 1° of Article D. 351-7;
"2° 1000 euros per quarter, when the payment is taken into account according to the terms set out in 2° of Article D. 351-7.
"III. - The number of quarters that may be the subject of the flat-rate slaughter in I is limited to four. This threshold is reduced, if any, by the number of quarters that have been paid by the insured under section L. 351-17.
"IV. - By derogation from the thresholds referred to in the first three paragraphs of section D. 351-11, the insured person with the lump sum set out in I of this section may opt for a instalment over a period of one, three or five years, regardless of the number of quarters on which the claim is made.
"Art. D. 351-14-2. - I. - Pursuant to the III of Article L. 351-14-1 and by derogation from sections D. 351-8 to D. 351-10, the amount of the payment to be made by the insured for the consideration of the calendar years referred to in 2° of the I of the same Article, between January 1, 1975 and December 31, 1990 and during which the insured has carried out an activity of maternal assistant, is equal
"Every insured person shall be entitled to the provisions of this section in respect of all quarters determined in accordance with the terms and conditions set out in II, without prejudice to the twelve-quarter limit set out in section D. 351-3.
“II. - For the purposes of this section, a period of time shall be considered to be equal to one quarter, from January 1, 1975 to December 31, 1990, in which the insured person carried out a maternal assistant activity for ninety consecutive days.
"When the ninety-day period covers two successive calendar years, it may be considered to have been carried out in either of these years, within the limit provided for in Article D. 351-6.
"III. - The payment of the insured under this section shall only be taken into account, by derogation from article D. 351-7, in accordance with the terms set out in article 2 of the same article.
"IV. - The application for payment pursuant to this section shall include the elements defined in section D. 351-4 with the exception of the choice of the option provided for in section D. 351-7, and supporting information or evidence relating to the assessment of the insured's income, as well as supporting information and evidence to demonstrate the reality of the exercise of a maternal assistant activity.
"Art. D. 351-14-3. - I. - Pursuant to the IV of Article L. 351-14-1 and by derogation from sections D. 351-8 to D. 351-10, the amount of the payment to be made by the insured for the consideration of the calendar years referred to in 2° of Article I of the same Article, in which the insured was apprentice, is equal, for each quarter determined according to the terms defined in the II of this Article, to the amount of the
"Every insured person may, under one or more requests, benefit from the application of the provisions of this section only for a maximum of four quarters, without prejudice to the application of the twelve quarter limit provided for in section D. 351-3.
“II. - For the purposes of this section, is considered to be equal to a quarter any period of learning, in the sense ofArticle L. 6211-1 of the Labour Code, of ninety consecutive days, completed as part of a contract between July 1, 1972 and December 31, 2013.
"When the ninety-day period covers two successive calendar years, it may be considered to have been carried out in either of these years, within the limit provided for in Article D. 351-6.
"III. - The payment of the insured under this section shall only be taken into account, by derogation from article D. 351-7, in accordance with the terms set out in article 2 of the same article.
"IV. - The application for payment pursuant to this section shall include the elements defined in section D. 351-4, with the exception of the choice of the option provided for in section D. 351-7, and supporting information or evidence relating to the assessment of the income of the insured, as well as supporting information and evidence to demonstrate the reality of the learning situation. » ;
5° Section D. 382-33 is amended as follows:
(a) In the first paragraph, the words "to D. 351-14" are replaced by the words "to D. 351-14-1";
(b) The article is supplemented by three paragraphs as follows:
« 6° For the purposes of section D. 351-14-1:
“(a) At 1° of the II, the amount: “670 euros” is replaced by the amount: “465 euros”;
“(b) At 2° of II, the amount: “1,000 euros” is replaced by the amount: “690 euros”. » ;
6° Section D. 634-3-1 is amended as follows:
(a) In the first paragraph, the words "to D. 351-14" are replaced by the words "to D. 351-14-1";
(b) In the fourth paragraph, the words "at 1°" are replaced by the words "at 1° of I";
7° Section D. 643-4 is amended as follows:
(a) In the first paragraph, the words "to D. 351-14" are replaced by the words "to D. 351-14-1";
(b) In the fourth paragraph, the words "at 1°" are replaced by the words "at 1° of I";
(c) The article is supplemented by three paragraphs as follows:
« 10° For the purposes of section D. 351-14-1:
“(a) At 1° of the II, the amount: “670 euros” is replaced by the amount: “400 euros”;
“(b) At 2° of II, the amount: “1,000 euros” is replaced by the amount: “590 euros”. » ;
8° Section D. 723-4 is amended as follows:
(a) In the first paragraph, the words "to D. 351-14" are replaced by the words "to D. 351-14-1";
(b) In the fourth paragraph, the words "at 1°" are replaced by the words "at 1° of I";
(c) Three sub-items are added:
« 9° For the purposes of section D. 351-14-1:
“(a) At 1° of the II, the amount : “670 €” is replaced by the amount : “695 €” ;
“(b) At 2° of the II, the amount : “1 000 €” is replaced by the amount : “1 030 €”. »
Article D. 732-44 of the Rural and Maritime Fisheries Code is amended as follows:
1° In the first paragraph, the words "to D. 351-14" are replaced by the words "to D. 351-14-1";
2° In the third paragraph, the words "at 1°" are replaced by the words "at 1° of I";
3° The article is supplemented by three paragraphs as follows:
« 6° For the purposes of section D. 351-14-1:
“(a) At 1° of the II, the amount : “670 €” is replaced by the amount : “600 €” ;
“(b) At 2° of the II, the amount : “1 000 €” is replaced by the amount : “890 €”. »
Decree No. 2003-1310 of 26 December 2003 referred to above is amended:
1° At the 1st of Article 1, the word "incidiary" is replaced by the word "indiciary";
2° After Article 2, an article 2 bis is inserted as follows:
"Art. 2 bis. - I. Pursuant to the sixth paragraph of Article L. 9 bis of the Civil and Military Pension Code and the sixth paragraph of Article 12 of Decree No. 2003-1306 of 26 December 2003 referred to above, the amount of the payment to be made by the insured for each quarter for the consideration of the periods referred to in the first paragraph of section 2, determined in accordance with 1°, 2° and 3° of that same article, shall be cut down in a lump sum when the application relates to an initial training period and is filed no later than December 31 of the tenth calendar year following the completion of the studies to which that period relates.
“II. - The lump-sum amount provided for in I shall be equal to:
"1° 440 euros per quarter, when the payment is taken into account in the manner provided for in 1° of Article 2;
"2° 930 euros per quarter, when the payment is taken into account according to the terms set out in 2° of Article 2;
"3° 1 380 euros per quarter, when the payment is taken into account according to the terms set out in 3° of Article 2.
"III. - The number of quarters that may be the subject of the flat-rate slaughter in I is limited to four. This threshold is reduced, if any, by the number of quarters that have been paid by the insured under theArticle L. 351-17 of the Social Security Code.
"IV. - By derogation from the five first paragraphs of Article 5 of Decree No. 2003-1308 of 26 December 2003 referred to above, the insured person receiving the lump sum payment provided for in I may opt for a instalment of one, three or five years regardless of the number of quarters on which the claim is made. »
For application seventh paragraph of Article 6 of the Decree of 5 April 1968 referred to above, sixth paragraph of Article 11 ter of the decree of 11 October 1968 referred to above, sixth paragraph of Article 84-1 of the above-mentioned Decree of 20 December 1990of the sixth paragraph of Article 8 of Schedule 3 to the national statute of the personnel of the electrical and gas industries annexed to the decree of 22 June 1946 referred to above, sixth paragraph of Article 9 of the decree of 5 October 2004 referred to aboveof the sixth paragraph of Article 18 of the Regulations annexed to the above-mentioned Decree of 27 February 2007 sixth paragraph of Article 17 of the Decree of 30 June 2008 referred to above, sixth paragraph of Article 11 of the Decree of 30 June 2008 referred to above, the amount of the payment of contributions to be made for the consideration of the initial training periods is that provided for in article 2 bis of Decree No. 2003-1310 of 26 December 2003 referred to in its drafting by this decree, under the conditions and limits provided for in that same article.
The Minister of Finance and Public Accounts, the Minister of Defence, the Minister of Social Affairs, Health and Women's Rights, the Minister of the Interior, the Minister of Agriculture, Agri-Food and Forestry, Spokesperson of the Government, the Minister of Decentralization and the Public Service and the Secretary of State responsible for the budget are responsible, each with respect to it, for the execution of this official decree, which is published in the French Republic.
Done on January 8, 2015.
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
Minister of Defence,
Jean-Yves Le Drian
The Minister of the Interior,
Bernard Cazeneuve
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
Minister of Decentralization and Public Service,
Marylise Lebranchu
The Secretary of State in charge of the budget,
Christian Eckert
