Question 3837 — maternity health insurance

Summary

Mr. Frank Giletti questions the Minister of Labor, Health, Solidarity and Families on the combination of employment and retirement with daily social security allowances (IJSS). Retired people are allowed to continue working, whether by choice or necessity, to supplement their retirement pension (basic and supplementary) with professional remuneration. We then speak of “employment-retirement combination”. In Indeed, the accumulation of income from a professional activity and a retirement pension is a right open to all retirees. However, since April 13, 2021, people who have reached legal retirement age, holders of a pension (annuity or old age allowance) and in a situation of combined employment and retirement, can only have 60 days of IJSS for the entire period during which this accumulation is effective (CSS art. R 323-2 amended). These provisions apply retroactively to work stoppages prescribed since January 1, 2021. Consequently, employees in a combined employment-retirement situation who have reached the legal retirement age and who are or would be required to be on sick leave may be forced to repay an overpayment to social security in the event of exceeding 60 days of IJSS. A problem arises for people affected by a long illness whose employer has failed to apply these new provisions, while making a subrogation of salary maintenance. Indeed, there is a significant number of cases suffering from the slowness of social security, which takes a considerable time to identify a situation of dual employment retirement with an excess of 60 days of IJSS. In doing so, the request for regularization occurring many months after this excess, substantial sums can thus be requested from employees even if they are not responsible for the situation due to an employer not having warned them and not having taken into account article R. 323-2 of the social security code (CSS). Many people who combine employment and retirement do so out of necessity due to a pension amount that is far too low. to be able to make a living from it. If we add to this the situation of long illness often due to serious health reasons such as cancer or other, this is a blatant injustice for the retirees concerned. Thus, he asks how the Government plans to take into account the particular and difficult situations of people in employment-retirement situations and long-term illnesses whose employer has failed to take into account the threshold of 60 days maximum for payment of IJSS.

Machine translation from French. The official text remains authoritative.

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1. 11 February 2025

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• Frank Giletti · auteur

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