Question 11420 — pensions: general

Summary

Mr. Christophe Arend alerts the Minister of Solidarity and Health to the inequality of treatment concerning the improvement of the quarters between a father and a mother whose child was born before 2010. Following a judgment of the Court of Cassation in 2009, the social security financing law of December 24, 2009 took the important decision to align the rights of fathers with those of mothers under MDA, which represents progress major for the fathers. But, it poses significant difficulties in terms of equal treatment for all fathers whose children were born before 2010. For births before this date, fathers had to prove to the fund, before December 28, 2010, that they raised their children alone while this restriction corresponds to a case judged in 2006 by the Court of Cassation and not to the 2009 judgment. By this means, the general regime of pensions is then in compliance, in appearance, with the European principle of non-discrimination protected by Article 14 of the European Convention for the Protection of Human Rights and Article 1 of its first additional protocol but only for the future and not for future retirees whose children were born before 2010. The only way to preserve their future retirement rights in a period where each quarter missing can be penalizing the amount of the future retirement pension is to officially request from their pension fund the validation of four quarters of education under article L. 351-4 of the social security code. Ultimately, this court decision excludes most fathers from this four-quarter increase. While the Government promotes gender equality and fathers take a part growing in the education of children, it is difficult to admit that such inequalities persist between fathers and mothers. He wants to know if measures will be taken for these fathers whose children were born before 2010 so that father and mother have the same rights.

Machine translation from French. The official text remains authoritative.

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