Question 12911 — defense

Summary

Mr. Julien Limongi questions the Minister of the Armed Forces and Veterans on the differences in treatment in terms of compensation for disabilities resulting from an accident or injury in service between the military and civilian civil servants of the three public services. As the law stands, military personnel generally benefit from the same statutory rights as civilian civil servants, with the notable exception of the regime disability compensation, which is based on the military disability pension (PMI). However, this regime appears significantly less favorable than that applicable to civil servants, both when the agent remains active and when he is admitted to retirement due to disability attributable to service. Thus, when a civil servant remains in activity after a service accident, he can receive a temporary disability allowance. (ATI), calculated on the basis of the agent's increased index, the value of the civil service index point and the recognized disability rate. At an equivalent level of disability, this allowance may represent an amount significantly higher than that paid to a soldier placed in a comparable situation, whose compensation is based on a number of index points fixed by decree and on a significantly lower value of the PMI point. to that of the civil service index point. Likewise, when the agent is admitted to retirement for disability attributable to service, the civil servant receives a lifetime disability pension calculated on his remuneration index, while the soldier continues to fall under the PMI system, again resulting in much lower compensation, at the same level of disability and independently of his seniority or his level of responsibility. This difference in treatment leads, in certain cases, to compensation for soldiers up to three times lower than that of civilian civil servants placed in objectively comparable situations. It raises real questions with regard to the constitutional principle of equality before the law, as well as the requirements arising from European law, in particular Article 14 of the European Convention on the Rights of the man. Furthermore, it is noted that the seniority of the soldier is not taken into account in the calculation of compensation, contrary to the rules applicable to civilian civil servants. This situation appears all the more difficult to understand as the military is subject to particular constraints and specific risks linked to the exercise of their missions. Therefore, he asks him if the Government intends to initiate a reflection on an evolution of the compensation system for soldiers injured in service, in order to reduce these differences in treatment, to guarantee better fairness with civilian civil servants and to ensure recognition commensurate with the commitment and sacrifices made by soldiers in the service of the Nation.

Machine translation from French. The official text remains authoritative.

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