Question 9953 — pensions: general

Summary

To benefit from a retirement pension, the insured must in principle cease all salaried or self-employed professional activity. Excluded from the obligation to cease activity are policyholders who: - carry out an activity affiliated with a foreign pension plan; - receive a basic pension before age 55; - demand gradual retirement. Furthermore, there are also exceptions to this obligation to cease activity linked either to the nature of the activity (in particular performing artists, models, participation in public competition juries, local elected officials), or to income (for example childminders, third party to an elderly, disabled or disabled person), or to the nature of the activity and income (publication of articles, publication of books, etc.). This condition of cessation of activity does not prevent a resumption of activity. Article L. 161-22-1A of the Social Security Code, created by article 19 of the law of January 20, 2014 guaranteeing the future and justice of the pension system, provides in this case that "the resumption of activity by the beneficiary of a personal old age pension served by a legally obligatory basic pension scheme does not give rise to any old age benefit, direct or derived, under any legal or statutory scheme legally obligatory basic or supplementary old-age insurance. It thus generalizes, in the interest of clarification and unification of the rules, the principle of contributions not generating new retirement rights regardless of the plan from which the insured person is retired. The exceptions to this principle allowing new rights to be granted are extremely few in number and concern very specific situations (beneficiaries of a military pension, retired artists from the Paris National Opera ballet, agents of a mining or slate company whose activity ceased definitively or was liquidated before December 31, 2015, sailors who benefit from a pension from the sailors' regime whose benefit date is before January 1, 2018 and sailors who benefit from an early retirement liquidated for unfitness for navigation). Finally, the Government is currently working on an overhaul of the overall architecture of our pension system, with a view to making it fairer and more understandable for policyholders. The discussions undertaken will make it possible to examine the most suitable modalities in the future universal pension system.

Machine translation from French. The official text remains authoritative.

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• Alexandra Valetta Ardisson · auteur

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