Military pensions: legal basis, procedure and litigation

Abstract

Military pension law indemnifies ex-servicemen, victims of war and personnel on military service who are victims of a “work accident”. The event causing the accident must have happened because of the service or during
the service. Imputability can be administered by proof of origin or presumption of origin. A systematic medical
expert’s report allows recognition of imputability and establishes the rate of incapacity. The medical consultative
commission may give its opinion then the provisional statement of rights to a pension is fixed. Litigation is settled
first of all by the Departmental Pensions Tribunal and, when there is an appeal, by the Regional Pensions Court.
A further appeal is then possible to the Council of State in the event of a legal technicality.