Question 16127 — pensions: general

Summary

Mr. Fabien Matras draws the attention of the Minister of Labor to the conditions for early retirement of conscientious objectors, within the framework of the “long career” system. As part of the long-career early retirement scheme, policyholders who started working earlier can therefore benefit from a full pension before the legal retirement age. In this regard, article L. 351-1-1 of the Social Security Code provides for the lowering of the age provided for retirement in certain cases provided for by Article D. 351-1-2 of the same code, in particular mobilizations for national service. Any person who has completed their military service thus has one quarter per period of at least 90 days, consecutive or not, within the limit of 4 quarters. However, these provisions are problematic with regard to case of conscientious objectors, whose special status had been provided for by Law No. 63-1255 of December 21, 1963 relating to certain modalities for fulfilling the obligations imposed by the law on recruitment. Persons who declare, before their incorporation, that due to their religious or philosophical convictions, to be opposed in all circumstances to the personal use of weapons may be admitted to training. civilian ensuring work of general interest. However, the same law provided that people assigned to one of these formations saw their effective length of service equal to twice that completed in normal times: conscientious objectors having carried out their national civilian service for two years only see this period retained for half, a position supported by the defender of rights in his decision MLD-MSP-2014-155 according to which “the provisions of article D. 351-1-2 had the effect of creating a difference in treatment to the detriment of conscientious objectors in that the effects of the additional period of national service imposed on them by the texts are not entirely neutralized within the framework of the constitution of retirement rights. » A similar system relating to the civil service, article L. 63 of the service code national, had already been the subject of partial censorship by the Constitutional Council within the framework of DC n° 2011-181 QPC of October 13, 2011 relating to conscientious objection and calculation of seniority in the public service. More recently, the Court of Cassation, in its judgment no. 1152 of September 20, 2018 (17-21.576), concluded that by limiting the taking into account of periods of national service to four quarters for the assessment of the duration required for the lowering of the age of eligibility for retirement pension rights provided for by Article L. 351-1-1 of the Social Security Code for insured persons covered by the long-career regime, the aforementioned Article D. 351-1-2 creates, to the detriment of conscientious objectors, a difference in treatment based on opinions which is not based on any objective and reasonable justification and is thus incompatible with the requirements of Articles 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the first of Additional Protocol No. 1 to the said convention. Thus, he asks to what extent and within what time frame this issue will be addressed by the Government under the civil and military pensions code.

Machine translation from French. The official text remains authoritative.

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