Key Benefits:
Public officials concerned: public officials of the State and military officials Civil and Military Pension Code territorial and hospital public officials affiliated to the National Pension Fund for Local Government Officers; workers affiliated with the pension scheme of workers of state industrial establishments.
Purpose: pension calculations for the benefit of these agents or their beneficiaries.
Entry into force: the decree comes into force on 1 January 2012 for its application to public officials of the State and military under the Code of Civil and Military Pensions or their beneficiaries; it applies on the basis of pension payments due in January 2012. For officials under the National Pension Fund of local government officials, as well as staff members under the state industrial pension plan or their beneficiaries, the text applies on the basis of pension payments due in February 2015. However, for beneficiaries whose pension would be reduced as a result of the application of the new scheme, the amount of the pension will be maintained until the notification of the new amount and the overpayment will not be paid.
Notice: Pursuant to the Financial Act of 28 December 2011 for 2012, the Order provides for new arrangements for the distribution of the orphan reversion pension as well as new methods for calculating the pension and disability life annuity.
All orphans' reversion pensions are the same amount, regardless of the number of children from each successive deceased employee's union.
Invalid pensioners can now benefit from the increase for children under the same conditions and limitations as valid pensioners.
The decree extends the application of these provisions to officials under the National Pension Fund of local government officials as well as personnel under the pension scheme of workers in state industrial establishments.
References: the text is taken for the application of the articles 162 and 163 Act No. 2011-1977 of 28 December 2011 on Finance for 2012. This decree, the texts and the Civil and Military Pension Code that it amends, in their drafting from this amendment, can be found 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 Decentralization and Public Service,
Vu le Civil and Military Pension Code ;
Vu le Social Security Codeincluding article L. 341-6;
Vu la Act No. 2011-1977 of 28 December 2011 of finance for 2012, including articles 162 and 163;
Vu le Decree No. 2003-1306 of 26 December 2003 amended on the pension plan for staff members affiliated to the National Pension Fund for Local Government Officers;
Vu le Decree No. 2004-1056 of 5 October 2004 amended on the pension scheme of workers of state industrial establishments;
The State Council (Social Section) heard,
Decrete:
The Civil and Military Pension Code is amended as follows:
1° The provisions of the second paragraph of Article R. 57 shall be replaced by the following provisions:
"The pension awarded to children under the age of twenty-one years is revised in accordance with the provisions set out in section L. 43 (b) as from the request for recovery. » ;
2° In article R. 57 bis, the words: "of article L. 45" are replaced by the words: "of article L. 43".
The above-mentioned decree of 26 December 2003 is amended:
1° Section 42 is amended as follows:
(a) The first sentence of IV is deleted;
(b) VI is repealed;
2° Section 44 is replaced by the following:
“Art. 44. - The pension defined in section 40 is as follows:
“(a) On the date of the employee ' s death, surviving or divorced spouses who are entitled to a pension share of the reversion pension corresponding to the ratio of surviving or divorced spouses to the total number of beds represented. This share is distributed among spouses on a pro rata basis for each marriage. The duration of each marriage is determined from date to date and rounded to the number of months below.
"A bed is represented either by the surviving or divorced spouse or by the orphans of public servants whose other parent is not or is not entitled to pension;
“(b) The difference between the portion of the pension provided for in section 40 and the pension paid to the surviving or divorced spouses of the employee under the a is also divided between orphans entitled to the pension provided for in section 42 who represent a bed. » ;
3° Article 46 is repealed;
4° Section 47 is amended as follows:
(a) The second paragraph is deleted;
(b) In the third paragraph, the words: "and ask that it be put to an end the application that may have been made of the provisions of the second paragraph of this article" are deleted;
(c) In the last paragraph, the words: "and the pension, if any, for children under the age of twenty-one years, is cancelled from the same date" are replaced by the words: "and the pension awarded to children under the age of twenty-one years is fixed in accordance with the provisions set out in Article 44(b) from the same date";
5° At the beginning of the first paragraph of Article 62, the words are inserted: "Subject to the provisions of Article 44(b),".
The above-mentioned decree of 5 October 2004 is amended:
1° Section 27 is amended as follows:
(a) The first sentence of the III is deleted;
(b) The V is repealed;
2° Section 29 is replaced by the following:
“Art. 29. - The pension defined in section 25 is as follows:
“(a) On the date of the death of the individual, surviving or divorced spouses entitled to a pension share of the reversion pension corresponding to the ratio of surviving or divorced spouses to the total number of beds represented. This share is distributed among spouses on a pro rata basis for each marriage. The duration of each marriage is determined from date to date and rounded to the number of months below.
"A bed is represented either by the surviving or divorced spouse or by the orphans of the individual whose other parent has no or no pension entitlement;
“(b) The difference between the portion of the pension provided for in section 25 and the pension paid to the surviving or divorced spouses of the person concerned under the a is also divided between orphans entitled to the pension provided for in section 27 who represent a bed. » ;
3° Section 31 is repealed;
4° Section 32 is amended as follows:
(a) The second paragraph is deleted;
(b) In the third paragraph, the words: "and ask that it be put to an end the application that may have been made of the provisions of the second paragraph of this article" are deleted;
(c) In the last paragraph, the words: "and the pension, if any, for children under the age of twenty-one years, is cancelled from the same date" are replaced by the words: "and the pension awarded to children under the age of twenty-one years is fixed in accordance with the provisions set out in section 29(b) from the same date";
5° At the beginning of the first paragraph of Article 40, the words are inserted: " Subject to the provisions provided for in Article 29 (b),".
The Civil and Military Pension Code is amended as follows:
1° The last sentence of II of article R. 33 bis is deleted;
2° In article R. 42, the words "in the first paragraph of" are replaced by the word "to";
3° In section R. 43, the words: "in the second paragraph of section L. 30" are replaced by the words: "in section L. 30 bis" and the words: "and that did not benefit or was not entitled to receive a similar increase under the provisions before Act No. 62-873 of 31 July 1962" are deleted;
4° In Article R. 44, the words "in the first paragraph of Article L. 30" are replaced by the words "in Article L. 30".
The above-mentioned decree of 26 December 2003 is amended:
1° The last sentence of Article 24 bis III is deleted;
2° Section 34 I is amended to read:
(a) In the second paragraph, the words: "In addition, if the grievor" are replaced by the words: "If the grievor";
(b) The third paragraph is replaced by the following:
"Without prejudice to the ceiling set out in Article 24 V, the total amount of benefits granted to the invalid employee, excluding the increases provided for in Article 24 and the second paragraph, shall not exceed the amount of the salary referred to in Article 17 and revalued under the conditions provided for in Article 17Article L. 341-6 of the Social Security Code. In the event of an overrun, the amount of each benefit is reduced to a proportion. » ;
3° Section 37 is amended as follows:
(a) In the first paragraph, after the words: "cumulative disability life annuity", the words are inserted: ", according to the terms defined in the third paragraph of Article 34,";
(b) The first sentence of IV is deleted;
(c) The V is repealed;
4° In Article 38, the words: "high to 80% of the treatment referred to in Article 17" are replaced by the words: "high to the product of the maximum percentage provided for in Article 16 by the treatment referred to in Article 17";
5° In article 56, a last paragraph was added to this article:
"The special increase provided for in the second paragraph of I of section 34 is elusive, except for the payment of the maintenance costs of the beneficiary, the remuneration due to the persons providing his assistance or the mandatory social contributions attached to these remunerations. »
The above-mentioned decree of 5 October 2004 is amended:
1° The last sentence of Article 20 bis III is deleted;
2° In article 47, a last paragraph was added to this article:
"The special increase provided for in section 19 is elusive, except for the payment of the maintenance costs of the recipient, the remuneration payable to persons providing assistance or mandatory social contributions to such remuneration. »
I. - Articles 1 and 4 of this Decree come into force on 1 January 2012.
II. - Subject to the 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 Order leads to a review and liquidation of a pension less than the officer's cause before the date of entry into force, the officer shall retain the benefit of the former pension until the pension credit union notification of the deceased agent of the new amount. The overpayment cannot be subject to any request from the pension fund for the repetition of unduly paid amounts.
The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, the Minister of Decentralization and the Public Service 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 2 February 2015.
Manuel Valls
By the Prime Minister:
Minister of Decentralization and Public Service,
Marylise Lebranchu
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
The Secretary of State in charge of the budget,
Christian Eckert
