Question 830 — health professions

Summary

The State has drawn all the consequences of the two decisions of the Council of State of November 14, 2011. It has put in place, in 2012, a harmonized procedure for processing requests for compensation for the damage suffered by veterinarians due to their lack of affiliation to the general and supplementary social security schemes for activities carried out before 1990 within the framework of the health mandate. This procedure is long and complex. She is based on the reconstitution of the remuneration received annually by each veterinarian over the period of exercise of his health mandate until 1990. The health activity of veterinarians turns out, in fact, to have been very variable according to the practitioners and this independently of the department of exercise. 1,050 veterinarians submitted an admissible and complete file and accepted the proposed basis on which the arrears will be calculated contributions due to social security funds as well as pension reductions due for veterinarians who have already retired. As of September 25, 2017, 730 veterinarians have already been compensated. However, certain files present particular difficulties due to late filing. Article 1 of Law No. 68-1250 of December 31, 1968 provides that “all debts which have not been paid within four years from the first day of the year following that during which the rights were acquired. The Council of State confirmed, in its decisions no. 388198 and 388199 of July 27, 2016, that the limitation period for the compensation request ran from January 1 following the day of liquidation of the pension. He also stressed that the nature of salaries of the sums corresponding to the remuneration for missions carried out by a veterinarian within the framework of a health mandate had been clearly established by its decisions of July 12, 1969 and June 12, 1974 which gave rise to dissemination and transcription in several instructions from the General Directorate of Taxes. It was only from January 1, 1990, the date of entry into force of the law of June 22, 1989 modifying and supplementing certain provisions of the book second of the rural code, that the remuneration received for acts carried out within the framework of the health mandate had been “equated”, for the application of the general tax code and the social security code, to income derived from the exercise of a liberal profession. Thus the Council of State ruled that the veterinarians could not legitimately be considered ignorant of their debt at the time they liquidated their right to pension. The Council of State, in a decision of January 10, 2007 (Ms. Martinez, no. 280217), further ruled that the administration's error had no impact on the legality of the decision by which the administration opposed the four-year limitation period to the claim of an individual. Article 6 of the aforementioned law also provides that “the administrative authorities cannot refrain from opposing the prescription which results from this law”. If Article 6 of Law No. 68-1250 of December 31, 1968 also provides that State creditors may be relieved of all or part of the limitation period, this is only due to specific circumstances, in particular the situation of the creditor. This possibility can only be exceptional, at the risk, in the event of generalization, of calling into question all legal security and all equality of citizens before the law. Despite these difficulties, the process of regularizing eligible files will continue in order to close this dispute as quickly as possible. The objective is to submit, before December 31, 2017, a proposed agreement to all retired veterinarians as well as to the spouses of deceased veterinarians who have accepted, before July 1, 2017, the proposed reconstitution of incomes. 2018 should make it possible to regularize the situation of active veterinarians as well as the latest entrants in the procedure.

Machine translation from French. The official text remains authoritative.

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