Social protection

Evolution of the phased retirement scheme and management of employer refusal

Publié le null - Legal and Administrative Information Directorate (Prime Minister)

Following the extension of the statutory retirement age, the minimum age at which gradual retirement is possible also changes from 1er September 2023. He's going from 60 to 62. In order to accompany this postponement, measures have been taken to encourage the use of this system (extension to the liberal professions, supervision of the employer's refusal).

Image 1
Image 1Crédits: Elnur - stock.adobe.com

Extension of the phased retirement scheme to the liberal professions

The phased retirement scheme evolves on 1er September 2023 to ensure that the benefits of the scheme are widely available. This allows people to work part-time or on a reduced-time basis while already receiving part of their pension.

It will be extended to theall activities, including liberal professionals and lawyers. Until now, it has only concerned traders, craftsmen and industrialists.

Management of refusal by the employer

Until now, the full-time employee could not benefit from the phased retirement scheme without the explicit agreement of his employer.

At 1er September 2023, this agreement will be framed to encourage employees to make greater use of it. Thus, the absence of a written and reasoned response from the employer will be agreement within a period of 2 months from receipt of employee request.

Moreover, if the employer refuses the employee's request for part-time work, he will have to justify this refusal by the incompatibility of the working time requested with the economic activity of the company.

Please note

The employee's request and the employer's response must be sent by registered letter with notice of receipt.

Extension of the age of eligibility for progressive retirement

The minimum age for entry into the phased retirement scheme will be raised in line with the statutory retirement age. It will gradually increase from 60-62 years for insured persons born on or after 1er September 1961.

Tableau - Evolution of the age of access to gradual retirement

Birth

Minimum age for gradual retirement

Between 01/09/1961 and 31/12/1961

60 years and 3 months

1962

60 years and 6 months

1963

60 years and 9 months

1964

61 yrs

1965

61 years and 3 months

1966

61 years and 6 months

1967

61 years and 9 months

As early as 1968

62 yrs