Question 31174 — pensions: general

Summary

Mr. Guillaume Vuilletet alerts the Minister of the Economy, Finance and Recovery to the need to postpone the deadlines for transforming “article 83” retirement plans into PER O for employees who were unable to take care of them during confinement. Article 83, which refers to the article of the CGI governing its taxation and consists of a collective life insurance contract taken out by the employer for its employees. This contract allows capitalize throughout your career to guarantee yourself an annuity when you retire. The employee can make additional payments. The contribution rate is fixed and the employer finances it in whole or in part. This article 83 only gives rise to an end-of-career pension, the amount of which is not defined in advance. Certain indications are nevertheless provided to the holder but have no definitive character. The law PACTE has created three new retirement savings plans which come into force on October 1, 2020: the individual PER, the company PER, and the compulsory PER, intended for employees who had an “Article 83” Contract. The compulsory PER provides for restitution in the form of an annuity or in the form of capital, much more interesting for employees, which did not exist, the case of “Article 83” which could only give rise to an annuity. But, to study with employers and insurers the opportunity to choose this contract, you had to have seen the small paragraph of the initial contract, which provided a deadline for the transfer request to this mandatory PER before May 30, 2020, for execution on September 30, 2020, i.e. 4 months of delay. It seems that after this date, the transfer of an article 83 account to a mandatory PER is blocked. As part of the confinement, the MP believes that it is very likely that many employees have not taken note of the dates of changes to the law, in fact penalizing thousands of them, currently in possession of an “article 83” contract and whose transition to compulsory PER would have been much more profitable in the long term. This modification, which would cost the State nothing, would allow employees to choose with full knowledge of the facts, and to be able to opt for the capital “exit”, which is more financially attractive, to buy a property for retirement, for example. He wishes to request the postponement of the date for submitting files, initially set for May 30, 2020, to September 2020.

Machine translation from French. The official text remains authoritative.

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