Question 4204 — civil servants and public agents

Summary

Mr. Antoine Armand questions the Minister of Public Action, the Civil Service and Simplification on the Government's position regarding a possible modification of the survivor's pension scheme for civil servants, in order to benefit the surviving partner in a civil partnership with the deceased civil servant. Indeed, today, according to article L. 353-1 of the social security code, only the surviving spouse can benefit from this survivor's pension. Consequently, people who have concluded a civil solidarity pact (PACS) are excluded from this regime, without the number of years of living together or the birth of one or more children being taken into account. Although PACS partners undertake “to live together, as well as to material aid and reciprocal assistance” according to article 515-4 of the civil code, they are deprived of a measure of solidarity aimed at ensuring that the level of the surviving partner is maintained. Today, while the number of marriages is in sharp decline and more than 200,000 PACS are concluded each year, this payment of survivor's pension to married couples only constitutes an attack on the principle of equality, to the detriment of unmarried couples and which is not justified by obligations of a different nature. So, he wants to know the state progress of the Government's reflections on the extension of the benefit of the survivor's pension to the surviving partner, possibly accompanied by conditions linked to the number of years of living together with the deceased civil servants, or to the birth of one or more children.

Machine translation from French. The official text remains authoritative.

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