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Decree No. 2004-156 February 16, 2004 On The Premium And The Discount Applicable To The Pension In The Diets Of Old-Age Insurance Of The Employees, Agricultural Workers, Craftsmen, Traders And Operators Has...

Original Language Title: Décret n° 2004-156 du 16 février 2004 relatif à la surcote et à la décote applicables à la pension de retraite dans les régimes d'assurance vieillesse des salariés, des salariés agricoles, des artisans, des commerçants et des exploitants a...

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Summary

Application of Art. 25 and 99 of the Act 2003-775. Subsection 1 of Section II of Chapter 1 of Title V of Book III of the Code of Social Security (Part 3: Orders) is supplemented by an art. D. 351-1-4 prepared. Inserting an Art. 29-1 to Decree 55-753. Amendment of D. 634-1 of the aforementioned code (art. 1 of Order 89-876) and 3 (II) of Order 73-937.

Keywords

SOCIAL AFFAIRS , SOCIAL SECURITY , CODE OF SOCIAL SECURITY , SOCIAL WELFARE , OLD-AGE INSURANCE , PENSION , RETIREMENT , SALARIED , FARM EMPLOYEE , ARTSAN , SHOPKEEPER FARM OPERATOR , SOCIAL CONTRIBUTION , RIGHT A PENSION , OVERVALUED , DECOTE , MARKUP , RATE , INSURANCE , INSURANCE REE


JORF No. 42 of 19 February 2004 Page 3365
Text #8


DECRET
Decree n ° 2004-156 of 16 February 2004 on the supersymbol and the haircut applicable to superannuation in the old-age insurance schemes of employees, agricultural workers, craftsmen, Traders and farmers, as well as the increase in insurance life beyond sixty-five years in the schemes of craftsmen and traders

NOR: SOCS0420263D ELI: http://www.legifrance.gouv.fr/eli/decret/2004/2/16/SOCS0420263D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2004/2/16/2004-156/jo/texte


The Prime Minister,
On the report of the Minister for Social Affairs, Labour and Solidarity and the Minister of Agriculture, Food, Fisheries and Rural affairs;
Given the social security code, in particular Articles L. 351-1-2, L. 351-6, L. 634-2, L. 634-3 and R. 351-27;
Given the rural code;
In view of Act No. 2003-775 of 21 August 2003 on the reform of pensions, in particular the Articles 25 and 99;
Having regard to Decree No. 55-753 of 31 May 1955 amending and supplementing the Decree of 18 October 1952 laying down the conditions for the application of the Act of 5 January 1955 on the agricultural old-age allowance;
Vu Decree No. 73-937 of 2 October 1973 on the application of Article L. 634-3 of the Social Security Code relating to the benefits of the old-age insurance schemes for the craft, industrial and commercial occupations relating to the Periods of insurance or self-employment prior to January 1, 1973, and in particular section 3;
In view of the opinion of the Interdepartmental Coordination Committee on Social Security dated October 15, 2003;
In view of the advice of the Board Administration of the National Pension Fund for employees as of 15 December 2003;
In view of the opinion of the joint delegation of the boards of directors of the national funds of the autonomous insurance organisations Old age of non-salaried workers in the craft, industrial and commercial occupations as of 22 December 2003,
Describes:

Item 1 Read more about this Article ...


Subsection 1 of Section II of Chapter 1 of Title V of Book III of the Code of Social Security (Part 3: Orders) is supplemented by an article D. 351-1-4 worded as follows:
" Art. D. 351-1-4. -The increase provided for in Article L. 351-1-2 shall be equal to 0.75 % per quarter. The term of insurance referred to in this Article shall be that as of 1 January 2004, after the sixtieth anniversary of the insured and exceeding the value of the limit referred to in the second paragraph of Article L. 351-1.
For the application In the first paragraph of this Article, it shall be retained for the year of the sixtieth anniversary of the insured person a number of quarters equal to the number of whole calendar quarters following that in which the anniversary occurred. Where the period of insurance referred to in Article L. 351-1-2 in respect of that year is less than four quarters, that number shall be reduced pro rata and rounded, if applicable, or to the greater whole if the first decimal place is equal or The
of insurance taken into account beyond the limit referred to in the second subparagraph of Article L. 351-1 shall not exceed four quarters per year. "

Item 2 Learn more about this Article ...


It is inserted in the aforementioned decree of 31 May 1955, after Article 29, Article 29-1 reads as follows:
" Art. 29-1. -The increase provided for in Article L. 723-25-1 of the Rural Code is equal to 3 % per year. The duration of insurance referred to in this Article shall be that carried out as from 1 January 2004, after the sixtieth anniversary of the insured person and beyond the minimum period laid down in Article L. 732-25 of the Rural
. Period of insurance referred to in Article L. 723-25-1 of the Rural Code in respect of a year shall be less than four quarters, the mark-up shall be equal to 0.75 % per quarter.
For the purposes of the first paragraph of this Article, it shall be retained in the Title of the year of the sixtieth anniversary a number of quarters equal to the number of calendar quarters following that in which the anniversary occurred.
The period of insurance taken into account beyond the minimum period provided for Article L. 732-25 of the Rural Code may not exceed four quarters a year. "

Item 3 Learn more about this Article ...


Article D. 634-1, the reference " R. 351-7 " Is deleted.

Item 4 Learn more about this Article ...


The II of Article 3 of the decree of 2 October 1973 referred to above is thus amended:
1 ° The second sentence of the second subparagraph is supplemented by the words: For pensions having entered into force before 1 January 2004 ' ;
2 ° It is supplemented by twelve sub-paragraphs written:
" As regards pensions which take effect after 31 December 2003, the coefficient of reduction to be applied to the amount of the pension is fixed at:
2.5 % for the insured Born before 1 January 1944;
2.375 % for the insured born in 1944;
2.25 % for the insured born in 1945;
2.125 % for the insured born in 1946;
2 % for the insured born in 1947;
1.875 % for the insured born in 1948;
1.75 % for the insured born In 1949;
1.625 % for the insured born in 1950;
1.5 % for the insured born in 1951;
1.375 % for the insured born in 1952;
1.25 % for the insured born after 1952. "

Item 5 Learn more about this Article ...


Minister of Social Affairs, Labour and Solidarity, Minister of Economy, Finance and Industry, Minister of Agriculture, Food, Fisheries and Rural Affairs, Minister responsible for the budget and budgetary reform and the Secretary of State for small and medium-sized enterprises, trade, crafts, the professions and consumption are each responsible for the implementation of the This Decree shall be published in the Official Gazette of the French Republic.


Done at Paris, February 16, 2004.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of Business Social,

du travail et de la solidarité,

François Fillon

Finance and Industry Minister,



Francis Mer

The Minister of Agriculture, Food,

Fishing and rural affairs,

Hervé Gaymard

Minister delegated to budget

and budget reform,

Alain Lambert

Secretary of State

to small and medium-sized enterprises,

au Commerce, crafts,

to the liberal professions

and consumption,

Renaud Dutreil


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