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Crew
 

ENIM benefits (maritime pensions)

The details on the benefits provided by the ENIM system are developed and updated regularly on the organisation’s website www.enim.eu

1. Provident funds for seamen

The regulations defining provident funds for seamen mainly come from the decree of 17 June 1938 on the organisation and unification of the sailor insurance system.

Benefits in kind
Same as for the general sickness insurance system (article L. 321-1 of the Social Security Code)

Cash benefits

  • Maritime labour accident insurance (article 9)
  • Insurance for sickness occurring whilst sailing (article 22)
  • Insurance for accidents and sickness outside of sailing (article 29)
  • Family insurance (articles 36 to 38A)
  • Pregnancy and maternity insurance (articles 39 to 43)
  • Paternity insurance (article 43)
  • Funereal costs (articles 11 and 24)
  • Food allowances (article 68)
  • Allowance for death (article 49-2)
  • Insurance against loss of effects and equipment (law of 22 June 1949)
  • Transfer costs
  • Spa treatments
  • Professional training/re-training (article L. 5213-3 of the Labour Code // Circular no. 02 of 6 August 2008)
  • Pensions:
    • Accident invalidity pensions (article 16)
    • Sickness invalidity pensions (article 48)
    • Professional sickness invalidity pensions (article 49)
    • Allowance for the cessation of asbestos activities (articles 65 and 66)

2. Old-age insurance for seamen

The pension insurance system for seamen distinguishes between three types of pension (articles L.5552-1 et seq of the Transportation Code):

  • the length of service pension when the seaman completes at least 25 years of valid service for a pension;
  • the length of service pension when the seaman completes at least 15 years of valid service for a pension;
  • the special pension when the seamancompletes a period of service valid for a pension with that period being at least equal to 3 months and less than 15 years.

2.1. Method of calculating the pension

The pension amount is determined in accordance with a percentage of the reference flat-rate salary.
Each year where contribution dues are paid entitles the employee to 2% of the reference flat-rate salary. The pension amount is determined therefore using the following formula:
Pension = 2% X annual instalments X reference flat-rate salary

2.2. Limit on the number of annual instalments valid for a pension

the length of service pension paid from 55 years of age;

  • 37.5 annual instalments for:
    • the length of service pension paid from 55 years of age;
    • the length of service pension paid from 52½ years of age, where the seaman has already paid contributions for 37.5 annual instalments;
    • the pension in advance for incapacity (article L.5552-7 of the Transportation Code).

This limit can be raised to 40 annual instalments if the sailor provides evidence of bonus allowances for war services within the meaning of articles L. 5552-17 and R. 6.

  • 25 annual instalments for the length of service pension taken between 50 and 55 years of age.

2.3. Determining the reference flat-rate salary

The amount of the pension paid by the pension insurance fund for seamen is calculated in accordance with the reference flat-rate salary for the last 3 years or for the best 5 years.

First case
The reference flat-rate salary corresponds with the seaman’s flat-rate salary in relation to the classification category into which the seaman has paid their contributions over the last 3 years before payment of the pension.
If the seaman has not paid their contributions continuously in the same category over the last 36 months prior to ceasing their activities, the pension is calculated based on the flat-rate salary of the average category for these last 3 years.

Example
A seaman has paid contributions over his/her last 36 months of service:

  • 20 months in the 15th category;
  • 16 months in the 17th category.
    Category used for determining the reference salary: ((20 x 15) + (16 x 17))/36 = 15.89
    i.e., the 16th category

Moreover, the following rules are applied in order to determine the flat-rate reference salary:

  • on the one hand, if over the course of the same month the seaman has paid contributions into a higher category for one day at least, the entire month is considered to have been paid into this higher category;
  • on the other, in working out benefits the share of the month equal to or greater than 15 days is counted for one month and the share of the month less than 15 days is ignored.
Example
A seamanhas paid contributions over his/her last 36 months of service:

  • 13 months and 15 days in the 8th category = 14 months;
  • 22 months and 14 days in the 10th category = 22 months;
    Category used for determining the reference salary: ((14 x 8) + (22 x 10))/36 = 9.22
    i.e., the 9th category

Finally if a seaman has paid contributions for 36 months, the pension is calculated based on the average category of the months for which contributions were actually paid.

Example
A seaman has paid contributions for 20 months:

  • 12 months in the 5th category;
  • 8 months in the 6th category;
    Category used for determining the reference salary: ((12 x 5) + (8 x 6))/20 = 5.4
    i.e., the 5th category

Second case
The flat-rate reference salary corresponds with the flat-rate salary for the 5 best years.

If the seaman has paid allowances for at least 5 years in a category which is higher than that of their last classification, the pension is calculated based on the flat-rate salary of this higher category. The five years do not have to have been completed at the same higher category.

If contributions have not been paid continuously in the same category over these 5 years then it is not the average category which is used but the lowest category for these 5 best years.

Example
A seaman completes the last 36 months of his/her career in the 14 category but before that has completed: 30 months in the 16th category and 30 months in the 17th category.
His/her pension will be calculated based on the flat-rate salary of the 16 category.

The 5 best years are not taken into account if the sailor has been classified in a lower category following disciplinary action.

2.4. Methods for working out service

In the final statement of the services valid for a pension:

  • the share of the six months equal or higher than 3 months counts as 6 months;
  • the share of the six months less than 3 months is ignored.
Example

  • Aseaman completes 14 years 8 months and 27 days of service valid for a pension: his/her pension is calculated based on 14½ annual instalments;
  • A sailor completes 14 years 8 months and 9 days of service valid for a pension: his/her pension is calculated based on 14½ annual instalments.