Question 13205 — pensions: general system

Summary

Mr. Matthieu Bloch draws the attention of the Minister of Labor and Solidarity to the modalities for taking into account periods of national service in the calculation of retirement rights under the general system. Many former conscripts who completed national service lasting ten months wonder about the exact number of quarters validated during this period. Article D. 351-1-2 of the Social Security Code provides that Periods of national service are retained from date to date, in periods of 90 days, each period of 90 days giving entitlement to the validation of one quarter of insurance. Furthermore, article R. 351-12 of the same code specifies that the periods during which the insured person was present under the flags for his legal military service are retained from date to date, the number of corresponding quarters being, where applicable, rounded to the nearest figure. immediately higher. In application of these provisions, a national service of approximately ten months, or nearly 300 days, should allow the validation of four quarters, taking into account the favorable rounding rule. However, certain administrative responses mention the exclusion of quarter fractions of less than 45 days, which seems to introduce uncertainty as to the applicable regime. This rule actually appears concern certain specific regimes and not the general regime. In this context, he asks him to kindly confirm officially that, in the general regime, a national service of ten months gives entitlement to the validation of four quarters of old age insurance, to specify whether the rule of exclusion of fractions less than 45 days applies to periods of military service falling under the general regime and, if so, to indicate the instructions given to pension funds in order to guarantee uniform application of the texts throughout the territory. He also wishes to know whether the Government plans to clarify these provisions in order to avoid any divergent interpretation detrimental to the policyholders concerned.

Machine translation from French. The official text remains authoritative.

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