Question 783 — veterans and victims of war

Summary

As soon as she took office in June 2017, the Secretary of State to the Minister of the Armed Forces, in accordance with the commitments made by the President of the Republic, began a reflection and commissioned studies aimed at gradually improving the reparation and recognition systems implemented in favor of veterans, war victims and their dependents. This voluntary approach and pragmatic approach, which will be continued throughout his mandate, has already made it possible, in an overall budgetary context marked by the need to better control our public finances, to retain two provisions, included in the finance bill for 2018. Thus, the method of calculating military disability pensions served to military personnel removed from control before August 3, 1962 and to their successors will be aligned with the regime in force since that date. In addition, the amount of the recognition allowance and the lifetime allowance paid to former members of the supplementary formations or to their surviving spouses and ex-spouses will be increased by 100 euros in 2018. Furthermore, it is recalled that under the terms of articles L. 311-1 and R. 311-9 of the code of military disability pensions and war victims (CPMIVG), are intended to be combatants. soldiers and civilians who participated in the Algerian War from October 31, 1954 until July 2, 1962 and who served for 90 days in a combat unit or took part in 9 collective fire or combat actions, or in 5 individual fire or combat actions. However, military personnel who were evacuated due to injury received or illness contracted in a combat unit, as well as those who received an injury assimilated to a war wound. In addition, the provisions of article 123 of the finance law for 2004 have made it possible, since July 1, 2004, to recognize the status of combatant of military personnel as long as they have been present in the territory concerned for a total of 4 months, without the obligation to have belonged to a combatant unit. Taking into account a duration of 4 months of presence in this territory, considered as equivalent to participation in fire or combat actions, was justified by the specificity of the conflicts in North Africa marked by the diffuse risk of insecurity. A decree of January 12, 1994, published in the Official Journal of February 11, 1994 and mentioned in the written question, established the list of external operations giving entitlement to the benefit of the combatant's card under article L. 253 ter [1] of the pension code military disability and war victims. On this date, services performed after July 2, 1962 in Algeria were not mentioned in this text. There are no immediate plans to reconsider this position, it being noted that the aforementioned decree was subsequently only amended to include territories newly affected by OPEX. However, as the honorable parliamentarian points out, Article 109 of the finance law for 2014 had the effect of extending the benefit of the combatant's card to military personnel justifying a four-month stay in Algeria started before July 2, 1962 and having continued beyond that without interruption. Nearly 12,000 people were able to benefit from the fighter card as part of this measure. Finally, the soldiers present in Algeria between July 2, 1962 and July 1, 1964 already benefit from particular recognition. In accordance with the provisions of article D. 331-1 of the CPMIVG, they can in fact, subject to justifying the required conditions, request the title of recognition of the Nation which entitles them to the wearing of the medal of recognition of the Nation, to the subscription of a mutual annuity and makes them nationals of the National Office of Veterans and Victims of war. [1] Article repealed and replaced by article L. 311-2 of the CPMIVG.

Machine translation from French. The official text remains authoritative.

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