Withdrawals from liberal professions who have paid their social security contributions late will no longer be penalized in the calculation of their basic pension. In a recent decision, the judges of the Court of Cassation indeed considered that this provision of the Social Security Code was an excessive infringement of the right of ownership of the insured.
Paying your social security contributions late can have a long-term impact on your retirement pension. Indeed, as provided for in the Social Security Code, contributions paid more than five years after their due date are excluded from the calculation of the basic pension for self-employed professionals. But a recent court ruling will change that, reports Capital.
Excessive interference with a substantial property right
A withdrawal has indeed lodged a complaint against the Cipav (Interprofessional pension fund and old-age insurance of the liberal professions), one of the pension funds of the liberal professions, because the latter had deprived him of part of his pension. basis due to contributions paid too late. If the judges initially ruled in favor of Cipav, strictly applying the Social Security Code, the Court of Cassation finally ruled in favor of the withdrawal.
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The judges here considered that the right to receive a pension in return for compulsory membership of a pension scheme was a substantial property right. The provision of the Code would thus interfere with the property rights of policyholders affiliated with Cipav by undermining the substance of their pension rights.
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