Question 13384 — pensions: general

Summary

Mr. Christophe Naegelen draws the attention of the Minister of Solidarity and Health to the brake on activity and purchasing power represented by the capping of combined employment and retirement. According to Law No. 2014-40 of January 20, 2014 reforming the retirement system, the full accumulation of all pensions received with professional income remains possible as long as the “active retiree” has reached the legal retirement age, whether has completed the required number of quarters and has liquidated his retirement rights with all the basic and supplementary plans. This combination of employment and retirement (CER) today allows nearly 500,000 retirees to combine professional activity and a retirement pension, partially or totally, under certain conditions. Also, if the number of quarters required to benefit from a full-rate pension is not reached, the combined salary and pension is capped at the level of the amount of the last salary received before retirement or at 160% of the minimum wage and exceeding this ceiling results in an amputation of the pension for which it was contributed. However, the people concerned continue professional activity after retirement to increase their income and supplement an insufficient pension, particularly due to incomplete careers. Capping their income does not encourage them to work or maintain paid employment. Ultimately, the system encourages people to do nothing. In a sector as specific as that of ski instructors, for example, the need is great and many older people who hold their instructorship are available and want to work. The rigorous application of this capping rule seems demotivating and further weakens these people who are often modest. This situation is absolutely illogical: a person who contributes for his retirement acquires a right to a certain level of retirement pension. This pension, linked to his contribution over many years of work, should not be flexible. In addition, the retired insured person who resumes an activity now contributes "at lost funds": the old-age contributions paid as part of his new professional activity does not allow him to benefit from new retirement rights. It is also abnormal and unfair that beneficiaries of the pension plan continue to contribute, even though they cannot access new rights. While the Government is currently preparing an overall reform of the overall architecture of the pension system, it asks whether the discussions undertaken provide for to relax this rule of capping the combination of employment and retirement, with the aim of financially supporting this deserving population whose continued activity must be fairly valued and rewarded.

Machine translation from French. The official text remains authoritative.

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