A national configuration error had been discovered on one of the items of the
annual social data declaration produced every year by the prison
administration, resulting in a reduction in the pension entitlements of prisoners
having worked for the general service.
Efforts to correct this error were undertaken in liaison with the CNAV, and discussions
were initiated to determine the means for restoring to the prisoners concerned all of their pension
entitlements. That said, given the impossibility of carrying out a reliable manual correction for all
of the files pertaining to the years up to 2012, it was decided that the individual career paths would
be recompiled when the persons concerned wished to have their pension paid out. Given the loss
suffered by the prisoners because of an erroneous calculation of the amount of their pension
contributions and therefore the reduction in their pension entitlements, the Chief Inspector
recommended that a memo intended for the whole of the prison population – or at the very least
the people concerned who are still in prison – be circulated so as to inform of their rights and the
procedure under way to recompile their career paths. This proposal was dismissed in favour of an
inter-services memo (Interregional Directorates for Prison Services/DISPs, prisons and pension
funds) calling for vigilance over the processing of individual requests to recompile career paths.
As the independent government agency tasked with ensuring that the
fundamental rights of people deprived of liberty are respected, it is the Chief
Inspector's responsibility to make sure that the measures to restore the
prisoners in the general service category their pension entitlements are indeed
taken and effective over the long term. In this regard, her concern continues
to have to do with the right to information for the people concerned by this
configuration error. And yet simply circulating an inter-service memo does not
go far enough in ensuring that pension entitlements are restored, in view of
the interval that has passed between the periods concerned and the date on
which some requests for individual career path recompilation may be made –
and therefore the risks of information loss. Moreover, the Chief Inspector
wondered about the possibility of the DISPs providing the necessary
certificates, in many years' time, for the procedure to recompile individual
career paths.
The Chief Inspector also hoped to gather the observations of the Minister of Social Affairs
and Health (as the supervisory authority of the Directorate for Social Security, and the latter replied
that it had decided to authorise pension funds to adjust the entitlements of prisoners in the absence
of evidence of old age contribution consideration, as soon as the supporting documents justifying
the reality and duration of general service work were presented by the persons concerned. To that
end, the Minister asked the Directorate for Social Security to contact the prison administration so
that it could provide the list of supporting documents and set up suitable information and guidance
for the persons concerned in their formalities.
Although this measure appears likely to facilitate and enable proper access by
prisoners to the adjustment of their pension entitlements, its implementation
depends upon the transmission of the requested documents as well as the
necessary guidance and clear information for the prisoners concerned. As such,
pursuant to the Act of 30 October 2007 amended, the Chief Inspector wished
to obtain, via a letter dated 10 June 2016, the observations of the Minister of
Justice and to find out what measures had been taken along these lines – or at
the very least the initial efforts made by the Minister's departments. At the time
this report was being written, no response was forthcoming on this matter,
which is nevertheless one of particular delicacy.
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