Question 16537 — pensions: independent and special schemes

Summary

Mr. Anthony Brosse questions the Minister of Labor and Solidarity on the situation of former local elected officials who have liquidated their retirement rights with IRCANTEC and subsequently resumed an elective mandate of the same category. In application of the interministerial instruction of July 8, 1996, still in force to this day, the accumulation of an IRCANTEC pension and the exercise of a mandate giving rise to official allowances under a same category is prohibited. This rule leads to the automatic and immediate suspension of pension payment, without any choice being offered to the elected official concerned. The latter makes compulsory contributions again, without being able to maintain the benefit of his retirement, even if the amount of this is modest and his local commitment renewed without financial aim. If the principle of non-cumulation between active contribution and perception of a retirement within the same scheme is understandable, the total lack of flexibility in its implementation appears disproportionate in view of the sincere commitment of local elected officials. While numerous written questions have already mentioned this situation and work has been carried out to clarify it, no regulatory change has seen the light of day since 1996. He therefore asks whether the Government is considering introducing a choice allowing the elected official to choose between maintaining his allowance without a new contribution and resuming contributions with suspension of the allowance and whether a revision of the interministerial instruction of July 8, 1996 is being studied in order to put an end to this rigidity, felt as an injustice by the elected officials who recommit themselves to the service of their municipality.

Machine translation from French. The official text remains authoritative.

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