Question 6615 — pensions: civil and military civil servants

Summary

Mr. Michel Sala questions the Minister of National Education and Youth on the retirement rights of trainee teachers at the IUFM. Indeed, Law No. 91-715 of July 26, 1991 relating to various provisions relating to the civil service provides, in its article 14, that "the periods during which teaching allowances were received, as well as the first year spent in a university training institute for teachers (IUFM) as beneficiaries are taken into account for the constitution and liquidation of the right to retirement pension, subject to tenure in a body of teachers and under conditions fixed by decree in the Council of State. However, it seems that the administrations refuse to apply the right to retirement for the teachers concerned, on the grounds that the decree implementing the said law has never been adopted or published. Consequently and as it currently stands, the periods of first year IUFM beneficiaries are neither validable nor valid for the calculation of their pensions. This question having already been asked almost in these terms to the Government, the ministry affirms in a previous response that decree no. 91-984 of September 25, 1991, annulled by the Council of State, was intended to benefit members of the teaching profession, having received the teaching allowance provided for by the aforementioned Decree No. 89-608, with a seniority bonus taken into account for classification in the corps and not for the constitution and liquidation of the right to retirement pension. This decree obviously does not correspond to Law No. 91-715 of July 26, 1991, which does not speak of classification in the corps, but of the right to retirement. It therefore does not truly respond to the issue. Wouldn’t examining a PLFRSS on pensions be an interesting opportunity to revisit this oversight? An amendment was tabled to this effect in the Senate but then withdrawn by its author, could this mean that the problem will be taken into account? It should be remembered that during the period concerned from 1980 to 1996, this concerned several tens of thousands of teachers receiving benefits. Also, he wants to know if the Government intends to publish a decree to implement this law and whether it plans to allow the retroactivity of the retirement rights of these teachers.

Machine translation from French. The official text remains authoritative.

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