Cumulation of Pensions and Salaries
France Constitutional Council
85-200 DC of 16 January 1986 (1986)
- Written by Kelly Simon, JD
Facts
In the 1980s, the French legislature proposed a loi (law) that would increase the solidarity payments owed by retired people who received a retirement pension and an income from paid employment. In the past, retired individuals who received a pension and continued to earn income from employment were required to make a 10 percent solidarity payment. The solidarity payments were used to support unemployed workers. Under the new proposed regime, an individual’s solidarity payment would increase to 50 percent if the working retiree’s combined income from pension and earned salary was more than two-and-a-half times the national minimum wage. The 50 percent contribution would be paid by the employee and employers or only the individual if self-employed. Members of the French legislature (plaintiffs) referred the ordinance to the French constitutional council with concerns that the law violated numerous provisions of the French constitution, including principles of equality. The French court considered the constitutionality of the proposed increase in solidarity payments.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
