Civil servants' survivor pensions: top-up to the old-age minimum made subject to the ASPA age and residence conditions
Article 205 of the 2026 Finance Act rewrites the last paragraph of Article L. 38 of the Civil and Military Pensions Code: the survivor pension of a civil servant's surviving spouse is raised to the maximum amount of the solidarity allowance for the elderly (ASPA, old-age minimum) only if the spouse meets the age and residence conditions for that allowance, under Article L. 815-9 of the Social Security Code. According to the amendment, this top-up was previously unconditional.
Measure originators
No official estimate found for this measure.
Measure impact
Applies to surviving spouses of civil servants whose survivor pension is below the old-age minimum: the top-up is paid only if they have reached the ASPA age and reside in France under that allowance's conditions. The rule applies to survivor pensions granted since 1 January 2025 and to top-up claims made after that date.
Official references
Sources
Procedure timeline
Follow the progress of this fiscal measure through the different stages of the parliamentary procedure.
Administrative implementation
Entrée en vigueur de la mesure et mise en œuvre par l'administration
Possible referral to Constitutional Council
Décision de conformité / censure partielle
President of the Republic signature
Publication au Journal officiel
National Assembly has the final say
Si échec CMP