Question 16378 — pensions: general scheme

Summary

Mr. Gilles Carrez draws the attention of the Minister of Solidarity and Health to the application of article 18 of Law No. 2012-1404 of December 17, 2012 on the financing of social security for 2013, concerning the affiliation of local elected officials, having liquidated their retirement rights, to the general social security system. Article 18 of the social security financing law for 2013 establishes the principle of affiliation to the scheme general of elected officials of the local authorities mentioned in article 72 of the Constitution for which the general social security regime applies when the total amount of office allowances received for the various mandates is greater than half of the annual social security ceiling. These compensations of a lower amount are, in addition, subject to the regime when the elected official who receives them has ceased his activity professional to devote himself to his mandate. Furthermore, implementing decree no. 2013-362 of April 26, 2013 relating to the conditions of affiliation of local elected officials to the general social security system specifies that only elected officials receiving compensation greater than 1,543 euros per month must contribute to the general system. However, for elected officials retired from professional life and already pensioned under this scheme, we can wonder about the relevance and usefulness of having them affiliate and contribute to the general system even though the rights acquired as a result of the mandate can no longer be combined with those already acquired. Under these conditions, he asks whether article 18 of the law of December 17, 2012 applies to elected officials in this situation.

Machine translation from French. The official text remains authoritative.

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