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Decree Of December 30, 2015, Approving Changes To The Statutes Of The Professional Section Of The Corporate Officers, Public Officers And Legal Companies

Original Language Title: Arrêté du 30 décembre 2015 portant approbation des modifications apportées aux statuts de la section professionnelle des officiers ministériels, des officiers publics et des compagnies judiciaires

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JORF n°0303 of 31 December 2015 page 25366
text No. 145



Order of December 30, 2015 approving the amendments to the statutes of the Professional Section of Ministerial Officers, Public Officers and Judicial Companies

NOR: AFSS1532233A ELI: https://www.legifrance.gouv.fr/eli/arrete/2015/12/30/AFSS1532233A/jo/texte


Minister of Social Affairs, Health and Women ' s Rights,
Having regard to Decree No. 79-265 of 27 March 1979 on the supplementary old-age insurance scheme of departmental officers, public officers and judicial companies;
Having regard to the decision of 11 April 1979 approving the statutes of the supplementary old-age insurance scheme of departmental officers, public officers and judicial companies;
Having regard to the advice of the Board of Directors of the National Pension Insurance Fund for the Professionals on December 10, 2015,
Stop it!

Article 1


Approved, as annexed to this Order, the amendments to the statutes of the professional section of departmental officers, public officers and judicial companies.

Article 2


The Director of Social Security at the Ministry of Social Affairs, Health and Women's Rights is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex


    Annex
    ARREST OF 30 DECEMBER 2015 PORTANT APPROVAL OF STATUS MODIFICATIONS STATUS OF THE PROFESSIONAL SECTION OF MINISTERS, PUBLIC OFFICERS AND JUDICIARY COMPAGNIES


    The statutes of the supplementary old-age insurance scheme for departmental officers, public officers and judicial companies are thus amended:
    1° Section 5 is replaced by the following:
    "Each year, the membership fee is calculated as stated in Decree No. 79-265 of 27 March 1979.
    "In accordance with the second paragraph of Article L. 644-1 of the Social Security Code, a decree, adopted on the proposal of the Board of Directors and after the advice of the CNAVPL, fixes each year:


    " - the percentage to be applied to professional income to determine the contribution;
    " - the reduction of the contribution rate benefiting affiliates under the second paragraph of Article L. 642-4-1 of the Social Security Code, this reduction does not apply to affiliates directly or indirectly associated in a professional exercise structure.


    "The Board of Directors determines each year the purchase value of the pension point.
    "It is attributed to each affiliate a number of pension points, which were decided at the second decimal in excess, corresponding to the division of the amount of the contribution actually paid by the purchase value of the pension point. » ;
    2° Section 6 is replaced by the following:
    "The contribution of each member may be increased by 20% under an optional contribution that is entitled to a supplementary benefit for the benefit of his or her successive spouse within the meaning of section 732 of the Civil Code.
    "The affiliate must opt for the payment of this optional contribution by December 31 of the year preceding the year of implementation of the option.
    "The option is tacitly renewed from calendar year to calendar year, unless denunciation reached at the caisse no later than December 31 of the year preceding that for which the affiliate intends to give up the benefit of the option.
    "The waiver does not exclude that the affiliate again opts for the optional contribution for subsequent years.
    "The benefit of the optional contribution is credited as such on the affiliate's account only if the affiliate has paid all the mandatory contributions to the various plans for the previous years and, within the time limits set by the statutes, for the current year. » ;
    3° Section 7 is replaced by the following:
    "Any affiliate may request, by registered letter, before December 31 of the 4th calendar year following the year of its beginning of business, a redemption of pension points for its first two years of activity for which its professional income has been fixed.
    "For each of these years, the supplementary contribution is calculated on the difference between the professional income of the year prior to the application and that fixed lump sum.
    "The redemption is made at the point of the year of the regulation and must be effective before December 31 of the calendar year following that of the application.
    "The caisse informs each member concerned in a timely manner of the possibility offered to them. » ;
    4° Section 7 bis is replaced by the following:
    "The provisions apply to affiliates under the second paragraph of Article L. 642-4-1 of the Social Security Code in that they are not contrary to the following.
    "In the month following the end of each calendar quarter, the employer shall declare to the credit union the amount of the remuneration of the affiliate as defined in section L. 242-1 of the Social Security Code and the amount of the contribution calculated on the basis of that amount.
    "If applicable, a regularization declaration is made before February 15 of the following year.
    "On an express request from the caisse, the employer or affiliate must justify the income reported by the communication of the annual social data return, the notice issued by the tax services, or any other relevant document.
    "If an affiliate's employer fails to report the affiliate's professional income within the time limits set out above or to respond to the application for justification of the credit union within one month, the maximum contribution is applicable. As soon as the employer, or if applicable the affiliate, regulates the situation by declaring and justifying the professional income of the affiliate, the amount of the contribution is reviewed, the increases outstanding due to the credit union. » ;
    5° Section 14 is replaced by the following:
    "I. - Retirement Liquidation
    "Retirement is liquidated upon express request from the affiliate formed by registered letter.
    "The winding-up of the pension, which is conditioned upon the termination of any work activity of the credit union and the payment to the credit union of all payable contributions and increases, may include:
    « 1° From 62 years old
    "In the event of incapacity to work recognized under the conditions set out in articles 27 to 33 of the NAVPL statutes;
    "Or with application of the following anticipation coefficients:
    " 0,75 if the pension is awarded when the affiliate is 62 years old;
    "0.80 if the pension is awarded when the affiliate is 63 years old;
    "0.85 if the pension is awarded when the affiliate is 64 years old;
    "0.90 if the pension is awarded when the affiliate is 65 years old;
    "0.95 if the pension is awarded when the affiliate is 66 years old;
    "These coefficients, applied to the number of points, are not likely to split;
    « 2° From 67 years without application of anticipation coefficients.
    “II. - Effect and pension payment
    "Retirement is effective as early as the first day of the calendar quarter following the last of the following:


    " - the application under I above;
    " - the justification for cessation of activity;
    " - the payment of outstanding dues and majorations due to the credit union.


    "On request of the person concerned, the pension may also take effect on the first day of the calendar quarter following the date on which it ceases to operate by the decision of the competent authority if the said authority has given its decision a retroactive effect and if the affiliate is up to date with its contributions to the credit union.
    "Subject to a decision by the board of directors establishing a monthly payment, the pension payment is made by quarter and term expired.
    "Retirement is served until the day of death or, in the event of a successive spouse within the meaning of section 732 of the Civil Code, until the last day of the quarter in which the affiliate died.
    "III. - Service value and pension amount
    "The service value of the pension point is set annually by the board of directors.
    "The annual amount of the pension is equal to the number of points acquired by the affiliate multiplied by the service value of the item. » ;
    6° Article 15 is repealed;
    7° In Article 16, the words "60 years" are replaced by the words "62 years", and the words "60th anniversary" are replaced by the words "62nd anniversary";
    8° Section 23 is replaced by the following:
    "The retirement ages of 62 and 67 apply to members born as of January 1, 1959.
    For previous generations, the ages for the opening of retirement and full-rate benefits are changing according to the table below:


    GENERAL
    OVERVIEW OF RIGHTS
    STEEL
    Until 1955
    60 years
    65 years
    1956
    60 years and 6 months
    65 years and 6 months
    1957
    61 years
    66 years

    1958

    61 years and 6 months

    66 years and 6 months

    1959 and following

    62 years

    67 years


    "Disk rates are adjusted accordingly. » ;
    9° Section 24 is replaced by the following:
    “Reversibility
    "The deferral from 60 to 62 years of age is done according to the following schedule:


    GENERAL
    OVERVIEW OF RIGHTS

    Until 1955

    60 years

    1956

    60 years and 6 months

    1957

    61 years

    1958

    61 years and 6 months

    1959 and following

    62 years


    10° Sections 25 to 39 are repealed.


Done on December 30, 2015.


For the Minister and by delegation:

Deputy Head of Service to the Director of Social Security,

J. Bosredon


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