Question 8445 — elected officials

Summary

Law No. 2014-40 of January 20, 2014 guaranteeing the future and justice of the retirement system provided that any insured person benefiting from a personal pension provided by a legally obligatory basic pension plan may resume professional activity but that this activity will not allow him to generate new pension rights, basic or supplementary, if he obtained his first personal pension as of January 1, 2015. These provisions were integrated into the texts governing the supplementary pension plan managed by the Supplementary Retirement Institution for Non-permanent State and Public Employees (IRCANTEC) (decree no. 70-1277 of December 20, 1970 and order of December 30, 1970). Thus, article 14 of the decree of December 30, 1970 provides that: “The accumulation of a retirement allowance with the exercise of a professional activity leading to subjection to IRCANTEC is possible under the conditions provided for in article L. 161-22 of the social security code. Contributions received during a period of activity concomitant with the payment of the retirement allowance do not allow the acquisition of points. » The rules applicable to the combination of employment and retirement of local elected officials for their rights open to the managed supplementary scheme by IRCANTEC remain specified by an interministerial letter of July 8, 1996, which prohibits the accumulation of a pension from IRCANTEC under one type of mandate with the mandate of the same type. This leads to the pension being suspended when an elected official returns to a mandate for which he receives a pension. On the other hand, accumulation is possible when the holder of a pension is elected to another type of mandate. In all cases, these rules lead the elected official to contribute and gain retirement rights from IRCANTEC during his mandate. The specificities of combining employment and retirement for local elected officials are the subject of general information distributed both on the IRCANTEC website and on paper information materials made available to the elected officials concerned, in particular through CICAS, departmental councils and regional councils. The management services of IRCANTEC also carries out verification and individualized information: when an elected official takes over a mandate, they check that the resumption is real with the community. After confirmation, the pension payment is suspended and the overpayment is calculated, if necessary. The elected official is informed by mail that the payment of his pension must be suspended and if there is an overpayment, then a second letter is sent at the end a period of three weeks to notify him of the amount he may owe. The question of harmonization and simplification of the rules relating to multiple employment pensions is studied as part of the work carried out by Mr. Jean-Paul DELEVOYE, High Commissioner for Pension Reform, with all stakeholders (parliamentarians, social partners, citizens in particular). He presented to the government on July 18, 2019 recommendations on this issue, which will be studied by the Government.

Machine translation from French. The official text remains authoritative.

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