Social protection

Early retirement schemes for disabled workers are evolving

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

At 1er in september 2023, several pension reform measures entered into force. These include measures to amend the early retirement scheme for disabled workers. Entrepreneur.Service-Public.fr clarifies the new terms and conditions.

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Image 1Crédits: Andrey Popov - stock.adobe.com

As part of the pension reform, early retirement schemes have been modified. Apart from long careers, early retirement is possible for insured persons who justify:

  • a severe handicap;
  • permanent incapacity;
  • unfitness (new device).

Adjustment of early retirement for severe disabilities

The reformed scheme specifies that the retirement age of insured persons with disabilities is reduced by up to 9 years. In other words, insured persons with a severe disability can benefit from early retirement from the age of 55.

This applies to self-employed persons covered by the general scheme as well as to lawyers and the liberal professions.

Early retirement for disability shall apply to insured persons who comply with the following conditions:

  • have been in employment with a permanent incapacity of at least 50 % (or have been recognized as disabled workers before 1er January 2016);
  • with a minimum number of contributory pension insurance quarters (all pension plans combined).

The reform therefore removes the condition relating to the number of quarters of pension insurance acquired.

Evolution of early retirement for permanent incapacity

Since 1er September 2023, the age of early retirement for permanent incapacity (PI) varies depending on the insured's PI rate. Previously, early retirement of insured persons for permanent incapacity was possible at a fixed age of 60.

Thus, early retirement at full rates is now possible:

  • from the age of 60 when the PI is at least 20 %;
  • from 62 years of age when the PI is 10 to 19%.

Moreover, only insured persons with a permanent incapacity of at least 20% must prove that their accident at work resulted in injuries identical to those compensated as a result of an occupational disease.

Please note

At present, the adherence of self-employed workers to voluntary insurance for accidents at work and occupational diseases with health insurance funds also opens the right to early retirement for permanent incapacity. This insurance primarily covers accidents at work and occupational diseases. It does not give entitlement to daily allowances.

New: early retirement for "unfitness"

As a result of the extension of the retirement age from 62 to 64, a change was necessary for recognized insured persons unfit for work and for those with a permanent disability of at least 50 %. These insured persons were entitled to a full pension from the time they retired, even if they did not have the necessary insurance period.

Thus, in order to prevent their retirement from being postponed for two years, a decree of 3 June 2023 provides that these insured persons can retire at age 62.

This constitutes a new case of early retirement.

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