Key Benefits:
Publics concerned: insured children of the former harkis, moghaznis and personnel of the various auxiliary and assimilated formations of civil status of local law.
Subject: terms and conditions of payment for retirement open to certain children of harkis, moghaznis and personnel of the various supplementary and assimilated formations.
Entry into force: the text comes into force after publication.
Notice: the children of harkis, moghaznis and personnel of the various assimilated and supple formations that were maintained, between the age of 16 and 21 years old, in transit and accommodation camps after the Algerian war, can obtain the validation of these periods for the calculation of their old-age insurance rights, within four quarters and with a payment of contributions. This payment is the subject of a lump-sum reduction compared to that due under the common-law pension payment scheme.
The purpose of this Order is to determine the terms and conditions for the application of this payment, as well as the amount of the lump sum reduction.
References: this decree is taken for the application of theArticle 79 of Act No. 2014-1554 of 22 December 2014 Social Security Funding for 2015. This decree and the provisions of Social Security Code to which it refers are available 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 Defence and the Minister of Social Affairs, Health and Women's Rights,
Vu le Social Security Codeincluding articles L. 351-14-1 and D. 351-3;
Vu la Act No. 87-549 of 16 July 1987 relating to the payment of compensation for returnees, including article 9;
Vu la Act No. 2014-1554 of 22 December 2014 Social Security Funding for 2015, including Article 79;
Considering the advice of the Board of Directors of the National Old Age Insurance Fund dated 17 June 2015,
Decrete:
The payment faculty referred to in section 79 of the Social Security Financing Act of 22 December 2014 referred to above shall be exercised in accordance with provisions of Article D. 351-3 of the Social Security Code.
In order to exercise the right of payment provided for in the preceding paragraph, the interested party submits an application with, as soon as practicable:
1° Records and supporting documents provided for in the 2° of Article D. 351-4 of the Social Security Code ;
2° The mentions to determine the periods for which it is presented, together with the administrative certificate attesting, for these same periods, the presence of the individual in one of the following military camps of accommodation and transit: La Cavallerie-Larzac, Bourg-Lastic, La Rye Le Vigeant, Saint-Maurice-l'Ardoise, Rivesaltes or Bias. The administrative certificate shall be issued to the person concerned, upon his request, by the Director of the Departmental Service of the National Veterans and War Victims Office, to which he reports in respect of his place of residence, on the basis of evidence of his presence at the places and dates indicated, including the following:
(a) The family repatriated notebook, the information booklet or the family booklet;
(b) Identification cards produced by the Central Return Service;
(c) The records retained by the departments of the departmental archives;
3° The mention of the selected scheduling option under the 1° of Article D. 351-11 of the Social Security Code.
The application is addressed to the credit union referred to in the last paragraph of section D. 351-4 of the same code.
The request for payment shall be taken into account in accordance with the provisions of the first and last paragraphs of Article D. 351-5 and of the provisions of Article D. 351-6 of the Social Security Code.
For the purposes of this article, a term shall be deemed to be equal to any period of ninety consecutive days spent in one of the camps mentioned in Article 1 of this Decree.
Payment is only taken into account in the manner provided for in the 1° of Article D. 351-7 of the Social Security Code.
Its amount is determined under each quarter in accordance with 1° of Article D. 351-8 and 4° of Article D. 351-9 of the same code.
The amount of the lump-sum reduction provided for in section 79 of the above-mentioned Social Security Financing Act of 22 December 2014 is equal to 2,000 euros. It is deducted from the amount determined in the preceding paragraph.
Payment methods shall be made under the conditions and limits set out in the 1st of Article D. 351-11 and by theArticle D. 351-12 of the Social Security Code.
The payment is terminated under the conditions referred to in Article D. 351-14 of the same code.
The application shall be instructed in accordance with the procedure provided for in the first paragraph of Article D. 351-13 of the Social Security Code.
In case of admission, the credit union shall indicate to the insured:
1° The number of quarters to which it warrants in each calendar year in which the period of time it requests to be taken into account;
2° The number of quarters that may be paid for these periods, taking into account the limits and conditions set out in accordance with Articles 1 and 2 of this Order;
3° The amount of the payment for each quarter and the total amount of the payment for all quarters;
4° If applicable, in the event of a payment schedule, the amount and the date of payment for each maturity date.
Prior to February 15 of each year, the National Employees' Old Age Insurance Fund addresses the billing elements for payments that were admitted in the previous year.
The Minister of Finance and Public Accounts, the Minister of Defence, the Minister of Social Affairs, Health and Women's Rights, the Secretary of State for the Budget and the Secretary of State for Veterans Affairs and Memory are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on June 29, 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 Secretary of State in charge of the budget,
Christian Eckert
Secretary of State for Veterans and Memory,
Jean-Marc Todeschini
