Decree No. 2003 - 1376 Of 31 December 2003 Relative To The Payment To The Pension In Respect Of Certain Periods Of Higher Education And Activity Provided For By Articles 29 And 101 Of The Law No. 2003-775 Of August 21, 2003 With Reform Of Retr...

Original Language Title: Décret n° 2003-1376 du 31 décembre 2003 relatif au versement pour la retraite au titre de certaines périodes d'études supérieures et d'activité prévu par les articles 29 et 101 de la loi n° 2003-775 du 21 août 2003 portant réforme des retr...

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Insertion of art summary. D. D. 351 351-3 - 14, D. 634-3-1, D. 721 - 7-D. 721 - 10 (y drafted) and D. 173-21-0-1 (y written) to the social security code. Title III of the Decree 55-753 is supplemented by a chapter VI (is written).
Keywords SOCIAL AFFAIRS, SOCIAL SECURITY, INSURED SOCIAL, PENSION, RETIREMENT, REFORM OF RETIREES, A PENSION LAW, TAKING INTO ACCOUNT, TEACHING, STUDY, PERIOD, ANNUITY, REDEMPTION, SCALE, MODE OF CALCULATION links subsequent Decree No. 2005-368 of 19 April 2005 on the regulatory part of Book VII of the rural code and modifying the regulatory part of the books first, II, III, IV, V, VI and VIII of the same code the regulatory of Book VII of the code rural part is being annexed special publication in the Official Journal of that day JORF n ° 1, January 1, 2004 page 45 text no. 17 DECREE Decree No. 2003-1376 of December 31, 2003 relating to payment for retirement in respect of certain periods of graduate studies and activity provided for by articles 29 and 101 of the law No. 2003-775 21 August 2003 on pension reform NOR : ELI SOCS0325036D: http://www.legifrance.gouv.fr/eli/decret/2003/12/31/SOCS0325036D/jo/texte Alias: http://www.legifrance.gouv.fr/eli/decret/2003/12/31/2003-1376/jo/texte the Prime Minister, on the report of the Minister of Social Affairs, labour and solidarity, the Minister of economy, finance and industry and the Minister of agriculture, food, fisheries and Rural Affairs , Given the code of social security, notably its articles L. 241 - 3, L. 351 - 1, L. 351-14-1, 634-2-2 and L. 721 - 8 in their writing derived from law No. 2003-775 21 August 2003 on pension reform, including section 29 of this Act;
Given the rural code, particularly articles L. 732-27-1 and L. 742 - 3 in their issue drafting of Act No. 2003 - 775 of August 21, 2003, in its article 101;
Considering Decree No. 55-753 of May 31, 1955 amended to change and supplement the Decree of 18 October 1952 and laying down the conditions of application of the agricultural old-age allowance Act of 5 January 1955;
See Decree No. 73-937 of 2 October 1973 changed with application of article L. 634 - 3 of the code of social security and relative to craft, industrial professions pension insurance benefits and trade related to self-employment or insurance periods prior to 1 January 1973;
Considering Decree No. 80-808 14 October 1980 relating to the pensions of people not employed in agriculture, taken for the application of article 18 of law No. 80-502 of 4 July 1980 agricultural orientation;
See Decree No. 81-462 of 8 May 1981 relating to the pensions of people self-employed in agriculture in the departments of Guadeloupe, Martinique and Réunion, taken for the application of article 18 of law No. 80-502 of 4 July 1980 agricultural orientation;
Considering the opinion of the Interministerial Committee for coordination in the field of social security as of December 8, 2003;
Given the opinion of the joint delegation of the Board of Directors of the national treasuries of the independent organizations of insurance old-age the self-employed craft workers, industry and trade as of December 22, 2003;
See the opinion of the Board of Directors of the National Fund of pension insurance of employees as of December 23, 2003, decreed: TITLE I: PROVISIONS RELATING TO THE GENERAL SCHEME AND THE SCHEME OF AGRICULTURAL EMPLOYEES Article 1 in section 8 of chapter I of title V of Book III of the social security code are inserted 12 articles D. 351 - 3 to D. 351-14 thus written : 'Art. D. 351-3. -The Faculty of contributions referred to in article L. 351-14-1 is open to persons who are at least 20 years and less than 60 on the date on which they submit the request for payment, whose retirement pension in the general social security scheme has not been awarded to that date and who have not already obtained taking into account , in respect of earlier applications, 12 quarters by the statutory pension insurance of social security under this section.
'Art. D. 351-4. -To exercise the power of payment referred to in article D. 351 - 3, the person must submit an application with, on pain of inadmissibility, the mention of the option provided for in article D. 351 - 7 and staggering chosen pursuant to section D. 351 - 10 as well as the claims and supporting documents to identify, determine the periods in respect of which it is presented, to appreciate his situation with regard to the conditions asked the 1 ° of article L. 351-14-1, relating to obtaining the diploma or the tuition fees equated to getting a degree, affiliation to the plan and the lack of affiliation during periods of study under a compulsory system of retirement and enjoy its income under the threshold set in article D. 351-8. The list of these references and supporting documents is fixed by order of the Minister responsible for social security as well as education and agricultural income, the Minister responsible for agriculture.
"For the application of the 1 ° of article L. 351-14-1, demand addressed to the general system of social security is admissible under this plan if it is the first system where the insured has been affiliated and where at least a quarter subsequent to obtaining the diploma related to the mentioned study period has been validated in demand or at the end of the school equated to a degree."
"For the application of the 2 ° of article L. 351-14-1, the request to the general scheme is admissible under this plan as a deferral of salary to the account of the insured were made or a similar or equivalent to an insurance period recognized period has been committed in respect of the year under review.
"Demand is addressed to the Fund responsible for the pensions of the general social security scheme in which is the residence of the insured, or in the case of residence abroad, the Fund reported during the latest postponement of salary to his account.
'Art. D. 351-5. -The request for payment laid down in article D. 351 - 4 is taken into account for a whole number of quarters.
"For the application of this section to applications relating to the periods referred to in 1 ° of article L. 351-14-1, is considered as equal to a quarter any period of 90 consecutive days during which the person concerned had either the quality of student of an institution, school or class mentioned in the first paragraph of article L. 351-14-1 and leading to a degree. , is the quality of pupil from a school or a preparatory class in high school, and during which he did not identify as mandatory or voluntary pension insurance.
"When the 90 day period covers two successive calendar years, it can be considered as having been made in one or other of those years, in the limit provided in article D. 351 - 6.
'Art. D. 351-6. -The taking into account of the payment made pursuant to the provisions of article L. 351-14-1 cannot have the effect of increase in more than four quarters of insurance in respect of a calendar year taken into account by the general social security scheme.
'Art. D. 351-7. -The payment is taken into account, at the option of the insured: "(1) be in respect of mitigation of the reduction coefficient referred to in article R. 351 - 27, without that payment is taken into account in the insurance period referred to in the third paragraph of article L. 351-1;
«(2) or in respect of mitigation of the reduction coefficient referred to in article R. 351 - 27 and to be considered in term insurance mentioned in the third paragraph of article L. 351 - 1.»
"The choice of the insured is expressed in the application and is irrevocable.
'Art. D. 351-8. -I. - to ensure the actuarial neutrality of the payment provided for in article L. 351-14-1, the amount of the payment in respect of each quarter is equal, for a given age, to the present value to the year in which the insured is informed of the acceptance of his application and increased by a flat-rate coefficient representative of survivor benefits, of the difference between : ' (1) if the payment is made in respect of the 1 ° of section D. 351 - 7, on the one hand, the present pension monthly, liquidated reference term sum due, to the age laid down in article R. 351 - 2, calculated on the basis of an average annual salary determined in the manner provided in article R. 351 - 29 and equal, for each years taken into account. the wage set to 3 ° of this article and wound up at the rate of 50% and, on the other hand, the sum of the present pension wound up at the rate of 50% reduced by 0.625 point, that difference being multiplied by a report set to 166/167;

"(2) if the payment is made to the title of section D. 351 2 - 7, on the one hand, the present reference pension sum liquidated monthly, in arrears, at the age set in article R. 351 - 2, and calculated on the basis of an average annual salary determined in the manner provided in article R. 351 - 29 and equal, for each of the years taken into account. the wage set to 3 ° of this article and wound up at a rate equal to 50%, and, on the other hand, the sum updated pension wound up at the rate of 50% reduced to 0.625 point and multiplied by a report set to 166/167.
"(3) for the purposes of 1 ° and 2 ° of the I of this article, the reference pension is determined by the average of the total wages and income from activity not employee perceived by the insured over the past three years." The salary or average annual income taken into account is equal to: "(a) when the average referred to in the first paragraph of the present (3) exceeds a limit set at 75% of the annual amount of the ceiling referred to in article L. 241 - 3 in force on 1 January of the year during which the insured is informed of the acceptance of his request, to 75% of the average value of discounted annual ceilings associated with the 25 years preceding that in which". It will reach the age of sixty years;
"(b) when the average referred to in the first paragraph of the present (3) is superior to 75% and not more than 100% of the annual amount of the ceiling referred to in section L. 241 - 1 in force on 1 January of the year during which the insured is informed of the acceptance of its application, the product of this annual average by the report between, on the one hand. the average value discounted annual ceilings associated with the 25 years preceding the one at which he will reach the age of sixty years and, on the other hand, the annual amount of the ceiling referred to section L. 241 - 3 in force on 1 January of the year in which the insured is informed of the acceptance of his application;
"(c) when the average referred to in the first paragraph of the present (3) exceeds the annual amount of the ceiling referred to in article L. 241 - 3 in force on 1 January of the year during which the insured is informed of the acceptance of his request to the value average discounted annual ceilings for the 25 years preceding that in which he reaches the age of sixty years."
"(4) for the application of the 3 ° of the I of this article: ') are taken into account, for applications for payment which the acceptance takes place during a period from July 1 of one year to 30 June of the following year, salaries and income from self-employment received during each of the three calendar years preceding commences this period. subject to contributions of social security and not limited to the ceiling mentioned in article L. 241 - 3;
"(b) salaries and income referred to in the first paragraph of 3 ° of the article I are adjusted ratios for earnings taken into account for the calculation of pensions for the year under review and up to the year in which the insured is informed of the acceptance of his application;
"(c) the annual wages and income referred to in the first paragraph of 3 ° of the article I is averaged over the years during which the insured received wages or income;
«(d) where the insured has received no wages and income referred to in the first paragraph of 3 ° of the I of this article over the past three years, the Board of reference is determined according to the terms of the said a 3 °.»
"II.-the updating referred to in the first paragraph of the article I is performed by applying a rate decreasing according to the age of the insured, valued on the date on which he is notified of acceptance of his application, as follows:"(a) 4% for the insured less than 24 years of age; "
"(b) the rate provided in the preceding paragraph decreased to 0.05 point per year of age from the age of twenty-four years;
"(c) 2.2% for those aged between fifty-nine years.
"The modalities of updating of the amounts mentioned in this article are set out in article D. 351 - 9. An order of the Ministers responsible for social security and the specific budget for each year, the schedule of payments applicable to insured persons reaching age between twenty and fifty years this year. Absence of publication of that order before December 1 in a year, the rate, scale, and the threshold of the previous year are applicable for this year.
'Art. D. 351-9. -For the purposes of section D. 351 - 8, the value of a quarter is determined on the basis of parameters and in accordance with the following formulae: "(1) the annual value of the ceiling of the social security taken into account for each of the years following the year in which the insured is informed of the acceptance of his application is achieved by the application of a 1.6% increase in the amount of the previous year and the annual value or. If so, the average annual value of the ceilings applicable for each of the years prior to that year is adjusted by application of the coefficients applicable to wages taken into account for the calculation of the pension taken place up to that same year;
"(2) the flat-rate coefficient referred to in the first paragraph of section D. 351 - 8, representative of the relationship between the amount of survivor benefits and benefits of direct right to the general system of social security pension insurance, is set at 10%;
"(3) the life factored into the following formula coefficients determined from the 1887 in 1993 for life annuities generation tables annexed to the Decree of July 28, 1993, with approval of life tables for life annuities;
"(4) the value of a quarter is determined, according to the option provided for in article D. 351 - 7, by applying the following formula:" (a) in respect of the 1 ° of section D. 351 - 7: P x 50% x C x (1 - D) x E x (1 + 10%).
1 P 50% x x x (1) C - x E x (1 + 10%)
D ' (b) in respect of the 2 ° of article D. 351 - 7: P x 50% x [1 - (1 - C) x (1 - D)] x E x (1 + 10%).
1 P x 50% x [1 - (1 - C) x (1) -] x E x (1 + 10%)
D ' where: ' P is equal: "(a) in the case provided for in the a of 3 ° of the article D. 351 I - 8, to 75% of the average value of annual ceilings upgraded under the terms of the 1 ° of this article and related to the 25 years preceding that in which the insured reaches the age of sixty years;»»»
"(b) in the case provided for in the b 3 ° of the article D. 351 I - 8, to the product of the annual average of the wages and incomes of activity referred to in the first paragraph of that (3) by the report between, on the one hand, the average annual ceilings upgraded according to the terms of the (1) of this article and related to the 25 years preceding that in which the insured reaches age sixty years and. on the other hand, the annual amount of the ceiling in force on 1 January of the year during which the insured is informed of the acceptance of his application;
"(c) in the case referred to in c of the 3 ° of the article D. 351 I - 8, to the average value of annual ceilings upgraded under the terms of the 1 ° of this article and related to the 25 years preceding that during which the insured person reaches the age of sixty years;
"C is the coefficient of reduction fixed at 1.25%;
"D is the maximum duration of insurance set at 167 quarters;
"E is the actuarial term defined as the monthly life annuity in arrears equal to a unit for a person of age B and a delay equal to A - B, determined according to the following formula: E = [((1 + i) k x L (A + k))-24-1 L(A + k) 11 E = [= 57 th = k [k = 0 E = [S (x) - (1 + i) k L (A) 24 12] x ((1 + i) A - B x L (B)) 1 1 (A) L] x (x)]].
12 (1 + i) A, B L (B) where: ' i is the discount rate fixed pursuant to article D. 351 - 8;
'k is a coefficient whose value varies from 0 to 57;
'A is the reference age of 60 years;
"B is the age reached by the insured during the year in which occurs the payment of the payment or, in case of staggered, the first payment;
"The (A + k) is membership at the age (A + k) of the generation to which belongs the insured, indicated by the tables referred to in 3 above;
"L (A) is the workforce at the age of sixty years of the generation to which belongs the insured indicated by the tables referred to in 3 above;
"(B) is the workforce at age B of the generation to which belongs the insured indicated by the tables referred to in 3 above."

'Art. D. 351-10. -The amount of the payment is equal to the product of the number of terms determined in the manner provided in section D. 351 - 5, within the limit of 12 quarters in section D. 351 - 3, by the value of the quarter, determined according to the modalities provided in section D. 351 - 8 and taking into account the option chosen by the person concerned under section D. 351 - 7, the age that he reached the year during which he is informed of the acceptance of his application and the discount rate applicable this year at this age or the age of 59 years for policyholders with ask them during the year when they reach this age.
'Art. D. 351-11. -When the request is for more than a quarter, the insured can opt for a staggering of the payment by monthly instalments of equal amount, excluding the increase provided for in section D. 351 - 12, and over a period: "(1) one year or three years when the payment request is on at least two and not more than eight quarters;
"(2) for one year, three years or five years where the request relates to more than eight quarters."
«The insured indicate in the application the period on which he undertakes to make the payment within the limit of the period to the 1 ° or 2 ° of this article.»
"The payment or, in case of timing, the first payment is made no later than the last day of the second month following the sending by the Fund of the decision of admission for the benefit of the payment."
"Each next monthly payment date is set to the last day of each month following that in which the first payment occurred.
"To benefit from the timing of payment of the amount, the insured authorizes the Fund to make, on the date of each monthly period and for the period selected in the limit of 1 ° or 2 ° of this article, a levy on bank account, postal or savings.
'Art. D. 351-12. -In the case of staggered over a period of more twelve months, the amount of each maturity later than the last day of the 11th month following that during which the first payment occurred is increased by the application of the rate of change of the consumer price, off tobacco, planned in the economic, social and financial report attached to the budget bill for each of the years during which these payments must be made.
'Art. D. 351-13. -The Fund referred to in section D. 351 - 4 indicates the insured if it is admitted or not to make a payment. Unless within the period of two months following receipt of the request, if it is admissible, the application shall be considered rejected.
"In case of admission, the Fund indicates to the insured, the number of quarters which he justifies in each of the calendar years where the periods which he asks taking into account, the number of quarters likely to subject to a payment in respect of such periods, account of the limits laid down in application of articles D. 351 - 3, D. 351 - 5 and D. 351-6. the amount of the payment a quarter based on the option provided in article D. 351 - 7, the total amount of the payment corresponding to the number of quarters as well as the amount and, if applicable, the date of payment of each due date for phasing in article D. 351 - 11.
'The admission decision shall inform the insured of the increase in these payments under the provisions of section D. 351 - 12' The insured is informed of this increase no later than December 1 of the year preceding the year to which it should be applied. This information is accompanied by an indication of the amount of each maturity increased for the year in question.
'Art. D. 351-14. -There is an end to payment: '(1) in the event of non-payment or partial payment of the instalment not paid;
' (2) in case of timing, if there is no receipt of the authorization referred to in article D. 351 - 11 or when the first payment was not reached for the full amount to the Fund on the date fixed by the admission decision for the benefit of the payment or when the payment of two monthly, successive or not, deadlines has not fully performed;
"(3) when the insured person request the liquidation of his pension;
"(4) in the event of death of the insured.
"Except in the case provided for in the 4 ° of this article, the person concerned is informed by the case of the interruption of the payment.
"During the interruption of the payment, is taken into account a number of quarters equal to the whole quotient of the amount of the sums paid by the value of a quarter." The portion of the amount exceeding the product of the number of quarters taken into account by the value of the quarter is reimbursed to the insured within a period of one month following that in which he was informed of the interruption of the payment or, in case of death, paid to the estate.
"There will be presented new application before the expiry of a period of twelve months from the date of notification of the suspension of the payment.
"The payment cannot be taken into account prior to which in was in full payment or to which it was put end." TITLE II: PROVISIONS RELATING to PENSIONS NO CRAFT EMPLOYEES, INDUSTRIAL AND COMMERCIAL Article 2 I. OCCUPATIONS - it is inserted after article D. 634 - 3 of the code of social security article D. 634-3-1 reads : 'Art. D. 634-3-1. -For the exercise of the Faculty of contributions referred to in article L. 634-2-2, apply the provisions of articles D. 351 - 3 to D. 351 - 14 subject to the following provisions: "(1) the reference to the pension insurance of the handicraft, industrial and commercial professions is substituted for the reference to the general system of social security;
"(2) the reference to article 634-2-2 is substituted for the reference to article L. 351-14-1;
"(3) the reference to the 1 ° of article L. 634-2-2 is substituted for the reference to the 1 ° of article L. 351-14-1;
"(4) in the last paragraph of section D. 351 - 4, the reference to the traditional old-age insurance fund or industrial and commercial pension insurance fund referred to in article R. 633 - 9 which is the person at the date of the request or which he noted last is substituted for the reference to the Fund referred to in this paragraph;
"(5) in section D. 351 - 8, the reference to the article D. 634-4-1 I replaced the reference to article R. 351 - 29."
II. - It is inserted in the Decree of October 2, 1973, referred to above, according to article 3A, 3B as well written article: 'art. 3B. -The Faculty of payment provided for in article L. 634-2-2 of the code of social security can be exercised in the pension insurance of the professions in craft or industrial and commercial professions to be taken into account, in respect of rights acquired prior to January 1, 1973, by people who have been affiliated and which have not affiliated to this scheme since this date and if that regime is one where the application can be presented, taking into account, as appropriate, provisions of article D. 173-14-1 of the code of social security.
«For the exercise of this power, the provisions of article D. 634-3-1 of the code of social security shall apply subject to the following provisions: "(1) the option for the payment referred to in article D. 351 - 7 is carried out:" (a) in respect of mitigation of the reduction coefficient provided for in II of article 3 of this order, to be without the payment gives rise to the award of pension points;»»»
"or (b) in respect of the reduction of the coefficient of reduction referred to in II of article 3 of this Decree and with the allocation of a number of equal pension points for each quarter in respect of which the payment is taken into account, the annual average number of points corresponding to a career Purpura of forty-one years three quarters up to the number of highest points provided by the classes of contributions. obligatory for the regime of artisans, in force on January 1, 1972 in the regime where is the application and upgraded for years after the year in which the insured is informed of the acceptance of his application of the rate fixed by the 1 ° of section D. 351 - 9 of the code of social security;
"(2) when the payment is made to the title of has from 1 of the present article, the amount to be paid in respect of each quarter is equal, for a given age, value, up-to-date at the time of the payment, plus a flat-rate coefficient representative of survivor benefits, of the difference between, on the one hand, the product of the value of the point on January 1 of the year in which the insured is informed of the acceptance of his application by the number. points set to b of the 1 ° of this article and by a number of fixed to 166 quarters and, on the other hand, the value of that same product minus 1.25 percent;

"(3) where payment is made in respect of the b 1 of this Decree, the amount to pay in respect of each quarter is equal, for a given age, value, discounted to the date of payment and increased by a factor representative of survivor benefits, of the difference between, on the one hand, the product of the value of the point on January 1 of the year in which the insured is informed of the acceptance of his application by the number of". points fixed to b of the 1 ° of this article and by a number of fixed 167 quarters and, on the other hand, the value of the same product for a number of quarters attached to 166 and minus 1.25%. "The scale of the payments is established in accordance with the provisions annexed to this article.
III. - Are attached to article 3 ter of the Decree of 2 October 1973 above the provisions contained in annex I of this Decree.

TITLE III: PROVISIONS RELATING TO THE REGIME OF MINISTERS OF RELIGION AND MEMBERS OF CONGREGATIONS AND COMMUNITIES section 3 RELIGIOUS are inserted after article D. 721 - 6 security code social four articles D. 721 - 7-D. 721 - 10 thus written: 'art. D. 721-7. -For the exercise of the Faculty of contributions referred to in article L. 721 - 8, shall apply the provisions of articles D. 351 - 3 to D. 351 - 6 and D. 351 - 10-D. 351 - 14, subject to the following provisions: "(1) the reference to the pension insurance of Ministers of cults and religious communities and members of the congregations is substituted for the reference to the general system of social security;
"(2) is article D. 351 - 3, the reference to the age of 65 is substituted for the reference to the age of sixty years;
"(3) in the first paragraph of section D. 351 - 4, are deleted the words" as well as the mention of the option provided for in article d. 351-7; ".
"(4) in the last paragraph of section D. 351 - 4, the reference to the old-age pension, disability insurance and cults disease referred to in article L. 721 - 2 is substituted for the reference to the Fund referred to in this paragraph;
"(5) the reference to article D. 721 - 8 is substituted for the reference to article D. 351 - 7;
"(6) the reference to article D. 721 - 9 is substituted for the reference to article D. 351 - 8;
"(7) is section D. 351 - 10, the mention of the age of sixty-four is substituted for the reference to the age of fifty-nine."
'Art. D. 721-8. -The payment is taken into account in respect of the duration of insurance provided: ' (1) is article D. 721 - 7 as drafted in effect at December 31, 1997, when the insured has validated no period of insurance after that date;
' (2) in the third paragraph of article L. 351 - 1, when the insured has validated a period of insurance after 31 December 1997. '
'Art. D. 721-9. -In order to ensure actuarial neutrality of the payment provided for in article L. 721 - 8, the amount of the payment in respect of each quarter is equal, for a given age, value, discounted to the date of payment of the difference between: "(1) when it is carried out pursuant to the 1 ° of article D. 721 - 8, on the one hand, the present amount of liquidated monthly old-age pension. , term expires, to the age fixed in the first paragraph of article D. 721 - 6, equal to the annual amount of the maximum pension set pursuant to article D. 721 - 7 as drafted in effect at December 31, 1997, for a maximum of 150 quarters and insurance, on the other hand, this same amount for a period of 149 quarters;
"(2) when it is carried out pursuant to article D. 721 2 - 8, on the one hand, the updated term for a liquidated monthly pension sum due at the age fixed in the first paragraph of article D. 721 - 6, calculated on the basis of an average annual salary determined in the manner provided in article R. 721-39-2, and for a maximum set at 167 quarters insurance and. on the other hand, this same amount for a length of 166 quarters.
"Provided in section D. 351 II - 8 are applicable to the updating provided for in this article, subject to the taking into account of a fixed rate to 2.2 per cent for insured persons aged over 58 years and less than sixty-five years and the substitution of a reference to the age of sixty-four at the mention of the age of fifty-nine.
'Art. D. 721-10. -For the application of article D. 721 - 9, the value of a quarter is determined on the basis of parameters and in accordance with the following formulae: "(1) the annual value of the minimum wage growth taken into account for each of the years after the year 2003 is achieved through the application of an increase equal to the rate fixed at 1 ° of section D. 351 - 9 to the amount applicable for the year 2003;
"(2) the life factored into the following formula coefficients determined from the tables referred to in section D. 351 ° 3 - 9;
«(3) the value of a quarter is determined by the following formula: "(a) if it is carried out pursuant to the 1 ° of article D. 721 - 8: x D1 x E x x E D1 1 R R ' (b) if it is carried out pursuant to the 2 ° of article D. 721 - 8: S x 50% x D2 E 1 S x 50% x x x E D2 where»»» : "R is the amount of the pension that could be assigned in respect of periods prior to January 1, 1998 and upgraded by applying successively coefficients for the calculation of pensions until the year in which the insured is informed of the acceptance of its application, and for each year starting the following year, the rate set at the 1 ° of article D. 351-9;
"D1 is the maximum duration of insurance in respect of the periods prior to 1 January 1998 set at 150 quarters;
"S is a flat salary equal to the average annual flat-rate wages for twenty-five years preceding that in which the insured person reached the age of sixty-five years, taking into account, for the years 1998 to the year in which the insured is informed of the acceptance of his request, the amount of the wage set pursuant to the provisions of article R. 721-39-2 and. , for each of the subsequent years, revalued amount annually by application of the rate set at the 1 ° of this article;
'D2 is the maximum period of insurance in respect of the periods after 1997 attached to 167 quarters;
"E is the actuarial term defined as the monthly life annuity in arrears equal to a unit for a person of age B and a delay equal to A - B, determined according to the following formula: E = [((1 + i) k x L (A + k))-24-1 L(A + k) 11 E = [= 5² E = k [k = 0 E = [S (x) - (1 + i) k L (A) 24 12] x ((1 + i) A - B x L (B)) 1 1 (A) L] x (x)]].
12 (1 + i) A, B L (B) where: ' i is the discount rate fixed pursuant to article D. 351-- 8 and the last paragraph of section D. 721 9;
'k is a coefficient whose value varies from 0 to 52;
'A is the reference age of 65 years;
"B is the age reached by the insured during the year in which occurs the payment of the payment or, in case of staggered, the first payment;
"The (A + k) is membership at the age (A + k) of the generation to which belongs the insured, indicated by the tables referred to in section D. 351 ° 3 - 9;
' (A) L is the workforce at the age of sixty-five years of the generation to which belongs the insured, indicated by the tables referred to in section D. 351 ° 3 - 9;
"(B) is membership at the age B of the generation to which belongs the insured, indicated by the tables referred to in section D. 351 ° 3 - 9.

TITLE IV: PROVISIONS RELATING TO THE employees AGRICULTURAL Article 4 I. - Title III of the Decree of 31 May 1955 referred to above is complemented by a well written chapter VI: "chapter VI" payment to the pension in respect of certain periods of higher education under section 723-27-1 of the rural code «Art»»» 63 - for the exercise of the Faculty of contributions referred to in article L. 732-27-1 of the rural code, are applicable the provisions of articles D. 351 - 3 to D. 351 - 6 and D. 351 - 8-D. 351 - 14 of the code of social security subject to the following provisions: "(1) the reference to insurance of persons self-employed agricultural workers is substituted for the reference to insurance pension the general system of social security;
"(2) the reference to article 732-27-1 of the rural code is substituted for the reference to the 1 ° of article L. 351-14-1 and the reference to article L. 351-14-1 of the code of social security;
"(3) in the last paragraph of section D. 351 - 4 of the code of social security, the reference to the Fund of agricultural social mutuality of the Paris region is substituted for the reference to the Fund referred to in this paragraph;
"(4) the reference to article 64 of the present Decree is substituted for the reference to article D. 351 - 7;
"(5) the reference to article 65 of the present Decree is substituted for the reference to article D. 351 - 8."
'Art. 64 - the payment provided for in article L. 732-27-1 can be taken into account:

' (1) is the title of the attenuation of the reduction coefficient referred to in article L. 732 - 25 of the rural code or article L. 762 - 30 of the same code, unless the payment is taken into account neither in the duration of self-employment farm mentioned in the 1 ° of article L. 732 - 24 of the rural code or to the 1 ° of article l.. 762-29 of the code. , or in the period of insurance referred to in the 2 ° of article L. 732 - 24 of the rural code or 2 ° of article L. 762 - 29 of the code;
"(2) or in respect of mitigation of the reduction coefficient referred to in article L. 732 - 25 of the rural code or article L. 762 - 30 of the code and to be taken into account in the duration of self-employment farm mentioned in the 1 ° of article L. 732 - 24 of the rural code or to the 1 ° of article L. 762 - 29 of the same code with the allocation of an equal number of points proportional retirement. , for each quarter in respect of which the payment is taken into account, to a quarter of the number of points determined in the manner provided pursuant to paragraph 1 of the 2 ° of article L. 732 - 24 of the rural code or 2 ° of article L. 762 - 29 of the same code and corresponding: "(a), when the average annual income and wages referred to in the first paragraph of the 3rd of the article D. 351 I - 8 of the code of social security does not exceed the. limit the has said (3), to an income equal to the reference pension audit has calculated on the basis of 75% of the average value of annual ceilings updated corresponding to each insured to a forty-one-year career;
"or (b) when the average annual income and wages referred to in the first paragraph of section D. 351 3 - 8 of the code of social security is within the limits of such b (3), to an income equal to the pension of reference b, the planned report is calculated b audit audit on the basis of the value average discounted annual ceilings for each insured to a forty-one-year career;
"or (c) when the annual average income and wages referred to in the first paragraph of section D. 351 3 - 8 of the code of social security exceeds the limit of the said 3 ° c, at an income equal to the pension of reference audit c calculated on the basis of the value average annual ceilings updated corresponding to each insured to a forty-one-year career;
"For the purposes of the 2 ° of this article, the terms to 4 ° of the article D. 351 I - 8 of the social security code are applicable.
"The choice of the insured is expressed in the application and is irrevocable.
'Art. 65 - to ensure the actuarial neutrality of the payment provided for in article L. 732-27-1 of the rural code, the amount of the payment in respect of each quarter is equal, for a given age, to the present value to the year in which the insured is informed of the acceptance of his application and increased by a representative of the advantages reversion fixed coefficient , of the difference between: "(1) if the payment is made in respect of the 1 ° of article 64 of this order, on the one hand, the sum updated liquidated pension monthly, in arrears, at the age referred to in article L. 732 - 18 of the code rural and equal to a quarter of the total of the maximum amount of the flat-rate pension multiplied by a ratio equal to 166/167 and a proportional pension equal to the product of the value of service from the point. fixed in accordance with article 7 of Decree No. 80-808 on October 14, 1980, relating to the pensions of people self-employed agriculture taken for the application of article 18 of law No. 80-502 of 4 July 1980 of agricultural guidance, in effect on January 1 of the year in which the insured is informed of the acceptance of his application, by the number of points determined in the manner provided in article 8-1 of the Decree of October 14, 1980, above, and corresponding to forty-one and a half times the amount obtained for a contribution on an annual income average, updated to the year 2004 for the previous years and revalued for years after 2004, corresponding to the mentioned income to the has or to b of the 2 ° of article 64 of this order and on the other hand, the present sum of this same pension, minus 1.25 percent;
"(2) if the payment is made in respect of the 2 ° of article 64 of this order, on the one hand, the sum updated liquidated pension monthly, in arrears, at the age referred to in article L. 732 - 18 of the code rural and equal to a quarter of the total of the maximum lump sum retirement and a proportional pension equal to the product of the value of service from the point. fixed in accordance with article 7 of the Decree of October 14, 1980, above, for the year in which the insured is informed of the acceptance of his application, by the number of points, determined in the manner provided in article 8-1 of the Decree of October 14, 1980, above, corresponding to forty-one time three-quarters the amount obtained for a fee on an average annual income updated to the year 2004 for the previous years and revalued for years after 2004, corresponding to the mentioned income to the has or to b of the 2 ° of article 64 of this order and, on the other hand, the amount present of a pension equal to a quarter of the total, reduced by 1.25%, this same lump sum pension multiplied by a ratio equal to 166/167 and this same pension proportional to forty-one time and a half the amount for this same contribution.
"Provided in section D. 351 II - 8 of the code of social security are applicable to the discount provided for in this article, subject to the mention of the Minister of agriculture after the Minister responsible for social security."
The scale of the payments is established in accordance with the provisions annexed to this article.
II. - Are attached to article 65 of the Decree of 31 May 1955 above the provisions in annex II of this Decree.

TITLE V: PROVISIONS OF COORDINATION DURATION of APPLICATION Article 5 it is inserted in the subsection 1 of section 3 of chapter III of title VII of book I of the social security code a D. 173-21-0-1 as well written article: 'art. D. 173-21-0-1. -For the application of articles L. 351-14-1, 634-2-2, L. 643 - 2, L. 721 - 8 and 723-10-3 of this code and of article 732-27-1 of the rural code, when the request for payment provided for in these articles covers a period during which were obtained several degrees, or assimilated schooling was completed and got at least a degree , the request is sent to the first pension insurance where the insured has been affiliated and where has been validated at least a quarter later to obtain the last of these graduates or diploma.
"For the purposes of the application of the same items, when the insured has been affiliated and has posted at least a quarter in the same year, subsequent to obtaining the diploma referred to in the previous paragraph, simultaneously in several insurance old age mentioned those articles, the requested plan determined as follows: ' (1) the general system of social security if the person concerned has been affiliated and has validated a quarter in this plan;
"(2) if the condition set out in 1 above is not met, in the regime of agricultural employees if the person has been affiliated and has validated a quarter in this plan;
"(3) if the conditions laid down in the 1 ° and 2 ° above are not met, in the pension insurance of craft professions under the 1 ° of article L. 621 - 3 If the person concerned has been affiliated and has validated a quarter in this plan;
"(4) if the conditions of the (1) to (3) above are not met, in the pension insurance of industrial professions and trade under the 2 ° of article L. 621 - 3 If the person concerned has been affiliated and has validated a quarter in this plan;
"(5) if the conditions in 1 ° to 4 ° above are not met, in the pension insurance of the liberal professions for the 3 ° of article L. 621 - 3 If the person concerned has been affiliated and has validated a quarter in this plan;
"(6) if the conditions in 1 ° to 5 ° above are not met, in the pension insurance of the agricultural professions for the 4 ° of article L. 621 - 3 If the person concerned has been affiliated and has validated a quarter in this plan;
"(7) if the conditions in 1 ° to 6 ° above are not met, to the National Fund of the french bars referred to in article L. 723 - 1 if the insured person has been affiliated and has validated a quarter in this regime."


Article 6 the provisions of this Decree shall apply to payment applications received between 1 January 2004 and 31 December 2005.
By derogation from the provisions of section D. 351 - 3 of the code of social security, these provisions are applicable to the elderly, in 2004, less than fifty-four years.
"For the purposes of the 3 ° of the article D. 351 I - 8 of the code of social security to applications submitted during the first half of 2004, are taken into account wages and income from self-employment income in 2000, 2001 and 2002.


Article 7

The Minister of Social Affairs, labour and solidarity, the Minister of economy, finance and industry, the Minister of agriculture, food, fisheries and Rural Affairs, the Minister for the budget and budget reform, and the Secretary of State to small and medium-sized enterprises, trade, crafts, the professions, and consumption are responsible , each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.


Section Schedule A N N E X E I ANNEX to ARTICLE 3 TER OF DECREE No. 73-937 OF OCTOBER 2, 1973, for the application of article 3B of the present Decree, the value of a quarter is determined on the basis of parameters and in accordance with the following formulae: (1) the flat-rate coefficient referred to the 2 ° and 3 ° of article 3B above is equal to the coefficient fixed in accordance with article 2 D. 351-9 of the code of the social security;
(2) life factors taken into account in the formula below are those determined in application of the 3 ° of article D. 351 - 9 above;
(3) the value of a quarter is determined according to the option provided for in article 3B above, by applying the following formula: a) to the on (1) of the said article 3 ter a title: NP x V x C x (D - 1) x E x (1 + 10%) b) in respect of the b 1 of the said article 3 bis above: NP x V x [1 + C x (D - 1)] x E x (1 + 10%)
NP x V x [1 + C x (D - 1)] x E x (1 + 10%) where: NP is the number quarterly points of the class of contributions pension, mandatory for the regime of artisans in force on 1 January 1972 and 9 points in each of the plans, and recycled every year, from the year following that in which the insured is informed of the acceptance of his application , by application of the rate set at the 1 ° of section D. 351 - 9 above;
V is the value of the point service in force on 1 January of the year during which the insured is informed of the acceptance of his application;
C is the coefficient of reduction fixed in section D. 351 - 9;
D is the maximum duration of insurance referred to in article D. 351 - 9;
E is the actuarial term defined in the annex to article D. 351 - 8 of the code of social security.
A N N E X E I I ANNEX to ARTICLE 65 OF DECREE No. 55-753 OF MAY 31, 1955, for the application of article 65 of the present Decree, the value of a quarter is determined on the basis of parameters and in accordance with the following formulae: (1) the flat-rate coefficient referred to in the first paragraph of article 65 is equal to the coefficient fixed in application of section D. 351 2 - 9 of the code of social security;
(2) life factors taken into account in the formula below are those determined in application of the 3 ° of article D. 351 - 9 above;
(3) the value of a quarter is determined according to the option provided for in article 64 of the present Decree, by applying the following formula: has) to the title of the 1 ° of article 65 of the present Decree: [RF (1 - D) x + NP x V x (D - 1)] x C x E x (1 + 10%)
1 [RF (1) x - + NP x V x (D - 1)] x C x E x (1 + 10%)
D b) in respect of the 2 ° of article 65: [RF x (1 - (1 - D) x (1 - C)) + NP x V x (1 + C x (D - 1))] x E x (1 + 10%)
1 [RF x (1 - (1 -) x (1 - C)) + NP x V x (1 + C x (D - 1))] x E x (1 + 10%)
D where: RF is the maximum amount of retirement lump sum referred to in 1 ° of article L. 732 - 24 of the rural code for its value on 1 January of the year during which the insured person is admitted to the benefit of the payment;
NP is the quarterly average number of proportional pension points equal to one quarter of the number of pension points corresponding to an annual income determined under the terms laid down in application of the has, b or c of the 2 ° of article 64 of the present Decree and valorized in the manner prescribed by the 1 ° of section D. 351 - 9 mentioned, in view of the amount of the minimum contributory in force on 1 January of the year in which the insured is informed of the acceptance of his application, not raised to the title of contributed periods;
V is the value of service at the point of retirement proportional in force on 1 January of the year in which the insured is entitled to the payment, fixed in accordance with article 7 of Decree No. 80-808 of October 14, 1980, relating to the pensions of people self-employed agriculture taken for the application of article 18 of law No. 80-502 of 4 July 1980 of agricultural orientation;
C is the coefficient of reduction fixed in the annex to article D. 351 - 8 of the code of social security;
D is the maximum duration of insurance attached to the appendix to article D. 351 - 8 above;
E is the actuarial term defined in the annex to article D. 351 - 8 above.


Done at Paris, on 31 December 2003.
Jean-Pierre Raffarin by the Prime Minister: the Minister of Social Affairs, labour and solidarity, François Fillon the Minister of economy, finance and industry Francis Mer the Minister of agriculture, food, fisheries and Rural Affairs, Hervé Gaymard, the Minister delegate for the budget and budget reform, Alain Lambert the Secretary of State for small and medium-sized enterprises trade, crafts, the professions, and consumption, Renaud Dutreil

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