Decree No. 2015-103 February 2, 2015 Concerning The Application Of Articles 162 And 163 Of The Act No. 2011 - 1977 December 28, 2011 Finance For 2012

Original Language Title: Décret n° 2015-103 du 2 février 2015 portant application des articles 162 et 163 de la loi n° 2011-1977 du 28 décembre 2011 de finances pour 2012

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Keywords decentralization, public service of the State, official, military, CODE DES PENSIONS civil and military retirement, function public territorial, public hospital, AFFILIATION, National Fund of RETIREES of local AGENTS, worker, at the industrial State, social security, insured SOCIAL, PENSION, retirement, PENSION DE REVERSION, ATTRIBUTION, orphan pension, retirement PENSION, law PENSION JORF n ° 0028 February 3, 2015 page 1613 text no. 32 Decree No. 2015-103 February 2, 2015 concerning the application of sections 162 and 163 of Act No. 2011 - 1977 December 28, 2011 finance for 2012 NOR: RDFF1423471D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/2/2/RDFF1423471D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2015/2/2/2015-103/jo/texte concerned public: the public servants of the State and military under the code of civil and military retirement pensions; officials of the public functions of territorial and hospital affiliated to the National Fund of retirees of local officers. workers affiliated to the workers of the industrial establishments of the State pension plan.
Subject: procedures for calculation of pensions for the benefit of these agents or their successors.
Entry into force: the order comes into force January 1, 2012, in its application to the public servants of the State and military under the code of civil and military pensions retirement or their successors; It shall apply from monthly payments of pension due in respect of January 2012. For the officials of the National Fund of retirees of the agents of local communities as well as personal under the workers pension plan industrial institutions of the State or their successors, the text applies after monthly payments of pension due in respect of February 2015. However, for beneficiaries whose pension would be reduced because of the application of the new device, the amount of the pension will be maintained until the notification of the new amount and the overpayment will be not refunded.
Notice: under the Act of December 28, 2011 finance for 2012, the Decree provides new ways of distribution of the survivor's pension between orphans as well as new ways of calculating the pension and retirement annuity of disability.
All of the survivor's pension allocated to orphans is same amount, regardless of the number of children of each successive union of the deceased staff.
Invalid pensioners can now benefit from the increase for child under the same conditions and limitations as valid pensioners.
The Decree extends the application of those provisions to officials of the National Fund of retirees of local officers as well as staff of workers in industrial establishments of the State pension plan.
References: the text is taken for the purposes of sections 162 and 163 of the Act No. 2011-1977 December 28, 2011 finance for 2012. This Decree, the texts and the code of civil and military retirement pensions that it modifies, in their issue drafting of this amendment, can be accessed on the Legifrance (http://www.legifrance.gouv.fr) site.
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 decentralization and public service, having regard to the civil and military retirement pensions code;
Having regard to the code of social security, notably its article l.341 - 6;
Pursuant to law n ° 2011 - 1977 December 28, 2011 finance for 2012, particular articles 162 and 163;
Considering Decree No. 2003 - 1306 of 26 December 2003 amended relating to the pension plan of officials affiliated with the National Fund of retirees of local officers.
Considering Decree No. 2004 - 1056 of October 5, 2004, amended on the industrial establishments of the State workers pension plan;
The Council of State (social section) heard, enacts as follows: chapter I: er pursuant to the provisions of article 162 of the law No. 2011 - 1977 December 28, 2011 finance for 2012 Article 1 in more on this article...

The civil and military retirement pensions code is amended as follows: 1 ° the provisions of the second subparagraph of article R. 57 shall be replaced by the following: 'pension attributed to children aged less than twenty-one years is revised in accordance with the provisions laid down in article L. 43 from the request for reinstatement (b).';
2 ° A article R. 57 bis, the words: 'of the article L. 45' shall be replaced by the words: "of the a in article L. 43.


Article 2 more on this article...

The Decree of December 26, 2003 referred to above is amended as follows: 1 ° article 42 is amended as follows: a) the first sentence of the IV is deleted;
(b) the VI is repealed;
2 ° article 44 shall be replaced by the following: «art.» 44 - the pension defined in article 40 is thus split: ' a) at the date of the employee's death, the surviving spouses or divorced with pensionable share the part of the survivor's pension corresponding to the ratio between the number of surviving or divorced spouses and the total number of beds represented. '' This part is divided between the spouses in proportion to the respective duration of each marriage. The length of each marriage is determined date to date and rounded number of less month.
"A bed is represented either by the surviving or divorced spouse, orphans of officials which the other parent has no more right to pension;"b) the difference between the portion of pension provided for in article 40 and pensions paid to widows or divorcees of the official implementation of the a is divided equally among the orphans entitled to the pension provided for in article 42, which represent a bed.";"
3 ° section 46 is repealed;
4 ° article 47 is amended as follows: a) the second subparagraph is deleted;
(b) in the third paragraph, the words: 'and seek an end to the application, which could be made of the provisions of the second paragraph of this article' shall be deleted;
(c) in the last paragraph, the words: 'and the pension eventually attributed to children aged less than twenty-one years is cancelled effective the same date' shall be replaced by the words: 'and pension attributed to children under the age of twenty-one years shall be in accordance with the provisions laid down in article 44 of the same date b';
5 ° at the beginning of the first paragraph I of article 62 shall be inserted the words: "subject to the provisions of article 44 (b),".


Article 3 read more on this article...

The Decree of October 5, 2004 referred to above is amended as follows: 1 ° article 27 is amended as follows: a) the first sentence of the III is deleted;
(b) the V is repealed;
2 ° article 29 shall be replaced by the following: «art.» 29 - the pension defined in article 25 is thus split: ' a) at the date of death of the person concerned, surviving spouses or divorced with pensionable share the part of the survivor's pension corresponding to the ratio between the number of surviving or divorced spouses and the total number of beds represented. '' This part is divided between the spouses in proportion to the respective duration of each marriage. The length of each marriage is determined date to date and rounded number of less month.
"A bed is represented either by the surviving spouse or divorce, children orphaned by the person that the other parent has no more right to pension;"b) the difference between the portion of pension provided for in article 25 and pensions paid to surviving spouses or divorced by the application of a person is divided equally among the orphans entitled to the pension provided for in article 27, which represent a bed.";"
3 ° section 31 is repealed;
4 ° section 32 is amended as follows: a) the second subparagraph is deleted;
(b) in the third paragraph, the words: 'and seek an end to the application, which could be made of the provisions of the second paragraph of this article' shall be deleted;
(c) in the last paragraph, the words: 'and the pension eventually attributed to children aged less than twenty-one years is cancelled effective the same date' shall be replaced by the words: 'and pension attributed to children under the age of twenty-one years shall be in accordance with the provisions laid down in article 29 of the same date b';
5 ° at the beginning of the first paragraph of article 40, shall be inserted the words: "subject to the provisions of article 29 (b),".

Chapter II: Application of the provisions of article 163 of law No. 2011-1977 December 28, 2011 finance for 2012 Article 4 in more on this article...

The civil and military retirement pensions code is amended as follows: 1 ° the last sentence of article R. 33 bis II is deleted;
2 ° A article R. 42, the words: ' in the first subparagraph of ' shall be replaced by the word: «to»
3 ° A article R. 43, the words: "in the second paragraph of article L. 30' shall be replaced by the words: 'in article L. 30 bis" and the words: "and who has not received or was not entitled to an increase of the same kind under the previous provisions under the Act No. 62-873 of July 31, 1962" shall be deleted;
4 ° A article R. 44, the words: 'in the first paragraph of article L. 30' shall be replaced by the words: 'in article L. 30.


Article 5 read more on this article...


The Decree of December 26, 2003 referred to above is amended as follows: 1 ° the last sentence of the III of article 24 bis is deleted;
2 ° the I of article 34 is amended as follows: has) in the second paragraph, the words: "in addition, if the official" are replaced by the words: "if official";
(b) the third subparagraph is replaced by the following: ' without prejudice to the ceiling fixed in V of article 24, the total amount of benefits granted to the disabled employee, excluding the increases provided for in article 24 and the second paragraph, may not exceed the amount of the salary referred to in article 17 and re-decorated in the conditions laid down in article L. 341 - 6 of the code of social security. '' If exceeded, the amount of each benefit is reduced in due proportion. » ;
3 ° article 37 is amended as follows: has) in the first paragraph, after the words: "annuity of cumulative disability", shall be inserted the words: ", as defined in the third paragraph of article 34 I ';
(b) the first sentence of the IV is deleted;
(c) the V is repealed;
4 ° in article 38, the words: "high at 80% of the treatment referred to in article 17" shall be replaced by the words: "high to the product of the maximum percentage laid down in article 16 by the treatment referred to in article 17."
5 ° in article 56, a last paragraph worded as follows is added: "the special increase provided for in the second paragraph I of article 34 is elusive, except for the payment of the cost of maintenance of the beneficiary, due compensation to persons providing assistance or social security contributions attached to these earnings."


Article 6 read more on this article...

The Decree of October 5, 2004 referred to above is amended as follows: 1 ° the last sentence of the III of article 20 bis is deleted;
2 ° a section 47, a last paragraph worded as follows is added: "the special premium provided for in article 19 is elusive, except for the payment of the cost of maintenance of the beneficiary, due compensation to persons providing assistance or social security contributions attached to these earnings."

Chapter III: Provisions various Article 7 read more on this article...

I. - Articles 1 and 4 of this order come into force effective January 1, 2012.
II. - Subject of III, articles 2, 3, 5 and 6 of this Decree shall take effect from the date of publication of the Decree.
III. - in cases where the application of articles 2 and 3 of this Decree led to a revision and a liquidation of a lower pension to what was the successor in title of the agent before their date of entry into force, it retains the benefit of the former pension until the notification by the pension fund which was the agent who died of the new amount. The overpayment cannot be the subject of no application for the Pension Fund for the recovery of sums wrongly paid.


Article 8 more on this article...

The Minister of finance and public accounts, the Minister of Social Affairs, health and women's rights, decentralization and public service Minister and the Secretary of State for the budget are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Made February 2, 2015.
Manuel Valls by the Prime Minister: the Minister of decentralization and public service, Marylise Lebranchu Finance Minister and public accounts, Michel Sapin Minister of Social Affairs, health and rights of women, Marisol Touraine Secretary of State in charge of the budget, Christian Eckert

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