Question 8329 — overseas

Summary

As the author of the question indicates and following the criticisms expressed on the system by the Court of Auditors in its report on the pensions of state civil servants (April 2003) and by the modernization audit mission in its report of November 2006, article 137 of law no. allocation of temporary retirement compensation (ITR) and organizes its gradual extinction until 2028. Thus, from January 1, 2009, the ITR is no longer allocated only to pensioners who have their effective residence in the communities concerned. Implementing Decree No. 2009-114 of January 30, 2009 relating to the temporary compensation granted to retired personnel covered by the Civil and Military Retirement Pensions Code (CPCMR) provides, on the one hand, that the new Beneficiaries of the system must have worked in the eligible territories for a minimum period of 15 years or demonstrate their attachment to the territory by meeting the eligibility criteria retained for the granting of enhanced leave, and, on the other hand, they must have stayed since their date of arrival in one of the territories giving entitlement to the increase, for more than 183 continuous days (condition of entry into the system). THE services of the general directorate of public finances (i.e. the treasuries at the local level) control this essential condition. The 2009 decree nevertheless provided, under certain conditions, for the maintenance of the ITR in the event of absence. Thus, absences accumulated over a calendar year lasting less than three months do not give rise to suspension of payment of temporary retirement compensation. On the other hand, absences exceeding this duration result in a suspension of payment of compensation. The latter resumes without retroactive effect from the first day of the fourth month following the month of return. As an exception, the 2009 decree reserves the case of absences for medical reasons giving rise to medical evacuation and the case of force majeure presenting a health and medical imperative: in the first case, absences are not taken into account in the counting of days of absence and in the second, these may not be totally or partially counted. Despite the logic of strengthening the link between beneficiary and place of residence, the duration of authorized absence not giving rise to suspension of ITR payment has been increased in order to better take into account the individual situations of pensioners. She is now three months old while she was 40 days under the old regime. It should be noted that after the end of this waiting period, payment of the ITR resumes under the same conditions as before departure. Finally, the introduction of the three-month waiting period in the payment of compensation after returning from an absence of more than three months responds to the logic of effectiveness of residence. It helps prevent possible abusive behavior of alternating residence between the overseas territory and the mainland. As part of the parliamentary debates on the programming bill relating to real equality overseas, the previous Government had actually undertaken to refer the matter to the General Inspectorate of Administration (IGA) in order to carry out an assessment of the ITR for the purposes of possible revision of the system. Were in question, in particular, the particularly strict conditions maintaining compensation in the event of temporary removal. The IGA, after emphasizing the importance of monitoring the presence of retirees in the territory to be able to benefit from the ITR, recommended an examination and treatment on a case-by-case basis of some specific situations of absence from the territory not justifying the loss of benefit from the ITR (air force pilots or retired elected officials who sit in mainland France in assemblies) which could be specified by a circular from the general directorate of public finances (DGFiP). Therefore, it does not seem appropriate to change the conditions of residence of ITR beneficiaries through a new law.

Machine translation from French. The official text remains authoritative.

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