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Supplementary pension for authors and translators
Background
In addition to remunerations for rights holders, authors and publishers, the law dated 18 June 2003 concerning PLR introduced a supplementary pension scheme for writers and translators affiliated to AGESSA. This new scheme corrects an injustice: authors and translators of books, brochures and other literary and scientific works were, amongst creators and interpreters, the only ones not to benefit from a supplementary pension scheme. The new regime came into force in 2004 and is managed by the Institution de Retraite Complémentaire de l'Enseignement et de la Création (IRCEC). This Institute is a supplementary pension fund that, since January 2004, has covered all those benefiting from PLR. This arrangement is very attractive to authors and translators.
To ensure financial equilibrium and the long term viability of the supplementary pension that is introduced, the law provides for a portion of the remuneration under lending rights to be assigned annually to the funding of this scheme. This is a lump sum top-up payment equivalent to the amount paid in contributions. Authors and translators also have the option of electing from one year to the next depending on their income, to pay a higher rate of contribution, in which case the top-up payment itself also increases, and will always equate to the contributions made. Overall, the portion assigned annually by decree to this top-up funding could reach 50% of the total remuneration paid out in respect of lending rights in public libraries. This legal limit is very high, and current calculations suggest annual withdrawals of between 15 and 20% of the sums collected.
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Example of supplementary pension
The IRCEC scheme is specific to beneficiaries of PLR. This scheme offers subscription levels of between €276 and €2208. The sums contributed annually earn between 6 and 48 points. If the author elects to contribute €276 annually, equivalent to 6 points, after 37 years of contributions the amount he will receive in supplementary pension, based on current figures, would be €1267.60, calculated as follows: number of annual points x number of years’ subscription x base point value (6 x 37 x 5.8). Thanks to the top-up of subscriptions funded from the levy on PLR, the total subscription paid by authors and translators is reduced by half, i.e. €276/2 = €138.
Distinction between those affiliated to AGESSA and those subject to its regime:
- All authors whose income is subject to mandatory contributions retained at source by their publishers are subject to the AGESSA regime. Those in this category are not entitled to the supplementary pension.
- Those that are subject to the regime and declare a minimum of €6,600 annual income under PLR payments are affiliated to AGESSA. These affiliates are entitled to the supplementary pension.
Article 2 amending article L.382-12 of the social security code states that the following benefit from the new scheme: “those categories of persons mentioned in line one who, as at the date of entry into force of law no 2003-517 dated 18 June 2003 relating to remuneration in respect of PLR and enhancing social protection for authors, were not covered by these schemes […]”.
This scheme leaves numerous cases where inequality persists, especially in respect of illustrators, photographers or draughtsmen who, prior to this legislation, benefited under a different formal supplementary pension scheme; in the current legal situation, they are unable to benefit from the advantages now available only to authors and translators.
To avoid this discrimination between authors who incidentally benefit from the same PLR regime in respect of their books, SOFIA has been having discussions with representatives of the Charte des auteurs illustrateurs jeunesse, the Society des Gens de Lettres, the Syndicat National de l’Édition, AGESSA and IRCEC. These organisations have all recommended to the authorities that the scheme should be extended to cover draughtsmen, illustrators and photographers who earn most of their income from book publishing.
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Sums paid by SOFIA to IRCEC
SOFIA currently pays a sum equivalent to 50% of the annual subscriptions called for by IRCEC; this represents some 2300 authors and translators.
The sums paid by SOFIA to IRCEC amount to:
- €500,235 for 2004
- €611,604 for 2005
- €684,856 for 2006
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Authors
