On February 5, 2021, Jocelyn receives a letter from her pension fund claiming … 8,000 euros of “overpayment”! Isolated case ? Not really: according to the Retirement Savings Association, such requests – whether basic retirement, reversion or supplementary retirement – are frequent.
Why such differences?
The caisses endeavor to quickly calculate the pensions. As a result, errors that policyholders do not always notice … even without being in bad faith. Another source of reimbursement requests: changes in the financial situation of the beneficiaries of a reversion, such as after remarriage or resumption of employment. Or pensions paid in error after death.
What limitation period?
For the basic pension, your fund cannot claim an overpayment dating back more than two years (article L-355-3 of the Social Security code). Nor require – when it is the source of the error – a reimbursement if your resources are lower than the ceiling set for receiving the solidarity allowance for the elderly (€ 907 / month, € 1,408 for a couple). Be careful, in the event of fraud – if you have deliberately hidden income, for example to obtain a reversion – the fund can ask for up to five years of recall, and impose penalties (up to twice the monthly ceiling of the Social security in force at the time of the facts). For their part, the supplementary pension funds can in any case recover the overpayments over the last five years (this was thirty years before the law 2008-561 of June 17 2008!).
Regarding the National Old Age Insurance Fund (Cnav), if these requirements are not respected or if you notice errors in the mail, you can appeal to the Amicable Appeal Commission (CRA). You can also contact her to request a discount or an installment of payments. To protest to a complementary fund, start by sending a registered letter to customer service. Without a response, contact the internal appeal service of the social protection group and, in the event of failure, the mediator of the fund.
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