Question 13589 — health professions

Summary

Ms. Alexandra Valetta Ardisson draws the attention of the Minister of Agriculture and Food to the difficulties that veterinarians face in obtaining from the administration compensation for the damage they have suffered due to their lack of affiliation with pension organizations, in connection with the exercise of health mandates for the State. Between 1955 and 1990, a large number of veterinarians established in rural areas, as occasional collaborator of the public service (COSP), under the departmental directorates of veterinary services, participated in the eradication of major epizootics and zoonoses which devastated French livestock. Being thus employees of the State, the latter should have affiliated them with social security and retirement organizations, which it did not do. This damaging situation led to the veterinarians in question being deprived of their right to retirement. Two decisions of the Council of State (CE), rendered on November 14, 2011, first recognized the responsibility of the State in this matter. However, following these decisions, numerous requests for compensation were refused on the grounds that they were filed after the statute of limitations date for the liquidation of pensions. A position which was validated by the CE itself on July 27, 2016, indicating, this time, that the veterinarians concerned should have known, when liquidating their pensions, that the State had to affiliate them with pension funds. It must be recognized, and the CE did this very well in its first decisions when it indicated that the veterinarians had not committed any fault in refraining from requesting their affiliation, that given that the State erroneously indicated that the sums paid were fees and not salaries, the veterinarians concerned could not have known, at the time, that they had to be affiliated. Consequently, she wishes to know the measures that the Government intends to take to compensate these veterinarians and whether it would agree not to oppose the limitation period to the claims for compensation.

Machine translation from French. The official text remains authoritative.

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