Question 19498 — defense

Summary

Mr. Christophe Arend alerts the Minister of the Armed Forces to the inequalities relating to the system of compensation for military charges (ICM). According to article 3 of decree no. 59-1193 establishing the regime of compensation for military charges, itself modified by decree no. 2011-38 of January 10, 2011 art. 6, “military personnel married or bound by a civil solidarity pact, concluded for at least two years or having one or two dependent children or living with their widowed mother, provided that she habitually resides under their roof and is not subject to income tax, may benefit in addition to the basic rate from a special rate corresponding to this family situation. Firstly, this decree creates an inequality between a married couple and a couple having entered into a civil solidarity pact (PACS) since it grants the former a bonus upon contracting the marriage unlike the second regime which forces couples to wait two years before having the same rights. For example, for soldiers who are not housed free of charge, the amount of the ICM can vary from 2,000 to 5,000 euros per year. Secondly, if this decree could be presented as innovative a few years ago, it no longer corresponds to the reality of society. Indeed, according to INSEE, 4 PACS are today concluded when 5 marriages are pronounced. In 2017, there were 226,000 marriages and 186,000 PACS for couples of different sexes, 7,000 marriages and as many PACS for same-sex unions. The marital option is declining in favor of the civil partnership, the number of which continues to increase for heterosexual people. It has multiplied by 12 in 15 years. These figures demonstrate a profound change in the morals of society that the army must support. In the context of the evolution of society (marriage for all, fight against discrimination) and the importance now attributed to PACS, he would like to know to what extent it intends to restore the same rights (compensation for military charges, access to housing) for married couples and couples who have concluded a civil solidarity pact.

Machine translation from French. The official text remains authoritative.

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