Pensions and divorce : the final decisions of the government for the retirement of women

In the case of separation, the ex-spouse(s)will retain their right to the reversion, but the terms and conditions of grant will be processed. Lively debates are to be expected.

While the project of law on pensions begins a new epic of the parliamentary, we know a little bit more on the right to reversion of the spouse(s)divorced(e)s. The topic is sensitive. In order to avoid the faux pas, the government has requested a report to Bertrand Fragonard, president of the High Council of the family, of childhood and of age, and Anne-Marie Leroyer, a professor at the law school of the Sorbonne. Conclusion : the executive retains the principle of a reversion not only to the widowers or widows - who, moreover, never really debate, but also for divorced spouses. A major change from the recommendations of the report of Jean-paul Delevoye, which indicated that the rights of ex-spouses would be closed for divorces occurring after the entry into force of the universal system.

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A device which remains to be specified

Concretely, a specific mechanism will be set up to "take account of and protect the women who, in the framework of a joint agreement within the couple, have been able to reduce or interrupt their activity either to the care of their children, either to follow their spouses in the developments of his professional career".

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For women to be the "big winners" of the reform, such as the repeated to the envi Édouard Philippe, the reversionary pension will be, in this case, considered as a compensation of the loss or reduction of rights to pensions of those who stop working. In this framework specific, which must of course be specified, the ex-spouse(e) old(e) at least 55 years old and not remarried, (e), will be able to collect 55 % of the pension of the deceased person with whom she was married, which amount will be pro rata based on the number of years of marriage.

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To understand this new mechanism, the secretariat of State in charge of pensions gives the example of a man earning 2000 € pension. After his death, his ex-spouse can collect 55% of the amount of his pension (the equivalent of 1100 €), pro-rated according to the duration of the marriage and the duration of insurance the plan of his universal ex-husband. If the marriage lasted 17 years and that her ex-husband has contributed 43 years of age, this gives 1100 € x 17/43 = 434€.

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It should be noted that this method of calculation is currently one retained by the Agirc-Arrco than it is to fix the amount of the reversion of a pension, a supplementary of a single ex-spouse or to fix the amount of the reversions that are respectively paid both to the joint (in the case of remarriage) and the ex-spouse of an employee of the private sector.

An extra-cost likely

These terms and conditions, which must be the subject of an amendment - will, no doubt, subjects of lively debate, of many points (such as financing, exact conditions for eligibility...) far from being settled.

They will not be applicable prior to the entry into force of the universal system of retirement by 2025 for all individuals born from 1975. More precisely, they are not expected to enter into force as from 2030, the year in which the generation of 1975 will actually 55 years old.

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By then, the rights of ex-spouse(s)are identical to those which currently exist, with significant differences according to the scheme(s) of affiliation of the deceased person, in terms of minimum age (55 years of age for the widower or the widow of an employee of the private sector, but 60 years for the reversion of the supplementary retirement pension of an expert accountant, for example, or 65 years for a nurse...), amount (50% for the surviving spouse of a public servant*, 54% in the general scheme, but 60% for the share of the supplementary pension of the surviving spouse of an employee of the private*) or accessibility (conditions of resources in respect to the reversion of the basic schemes for employees in the private sector or in the agricultural sector in particular and of non-remarriage in almost all of the supplementary schemes).

The discussions on this contentious issue is far from settled.

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* on condition not remarried, and does not do so in the future.