Question 3180 — pensions: civil and military civil servants

Summary

Mr. Pascal Jenft questions the Minister of Labor, Health, Solidarity and Families about the effect of the reform of article L. 89 bis of the code of civil and military retirement pensions. Under certain conditions, this article allows civil servants, a few years before their retirement, to benefit from a partial retirement pension in order to be able to opt for half-time working. Since the modification by Law No. 2023-1322 of December 29, 2023, the article provides that civil servants who already have a pre-retirement system via a contract with their employer can no longer benefit from the partial pensions provided for by Article L. 89 bis of the Civil and Military Retirement Pensions Code. This non-cumulation is not imposed on employees in the private sector. However, the latter can also benefit from a pre-retirement system via a contract with their employer. For example: the Orange company offers senior part-time work (TPS) to its private and civil servant employees. If we can detect a desire to avoid a double pension, we can also wonder why such a difference between civil servants and employees in the private sector. Is this an oversight by the legislator or is there a motivation? He asks him to explain the motivations for the difference treatment between private sector employees and civil servants regarding the accumulation of a progressive retirement pension and a pre-retirement benefit via an employer contract.

Machine translation from French. The official text remains authoritative.

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