Question 245 — health professions

Summary

Mr. Stéphane Demilly questions the Minister of Solidarity and Health on her position regarding the situation of certain retired veterinarians, who carried out health mandates during their career, and who today wish the lifting of the four-year limitation period which would allow them to receive a retirement pension for these activities. Indeed, in the years 1955-1970, numerous epizootics ravaged the cattle herd French, leading the State to put in place a major prophylaxis plan. In order to carry out the treatments necessary to contain these epizootics, the State has used private veterinarians by entrusting them with health mandates. The remuneration of veterinarians was partly the responsibility of the operators. The other part of the remuneration was paid by the State to private veterinarians, in the form of fees, which had the effect of consequence of not affiliating them with social organizations, and in particular retirement organizations. The administrative jurisdiction was seized by veterinarians who considered that they were in reality subordinate to the State for the exercise of these missions within the framework of a hierarchical link with the State, which characterizes a salaried activity. The Council of State, in two judgments of November 14, 2011 (No. 334197 and 341325) considered that the State committed a fault which deprived the veterinarians concerned of their pension rights, which justifies compensation. However, if some of the veterinarians concerned were able to obtain this retirement pension, those having liquidated their pensions more than four years before, face the four-year limitation period (CE, July 27, 2016, no. 388198). The Council of State considers that they should have known, when liquidating their pension, that the State should have affiliated them with pension funds. However, the veterinarians affected by this prescription were unaware that the sums paid should be classified as salaries and not fees, as the State maintained. They learned this with the decisions of November 14, 2011. Furthermore, it seems that the people concerned are those who currently benefit from the most modest pensions, while they were the most exposed to epizootics and on the front line facing the complex management of these crises. Also, in order to answer the questions of retired private veterinarians who find themselves in this situation, he would like to know the Government's intentions on this issue.

Machine translation from French. The official text remains authoritative.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

No documents linked.

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.