Retirement of disabled employee

Verified 16 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

If you have a disability, there are several arrangements that allow you to retire under special conditions that take into account your disability.

If you've worked having a permanent incapacity at least equal to 50%, you can, under certain conditions, go to early retirement for disabled policyholders from the age of 55.

If you have permanent incapacity at least equal to 10% of professional origin, you can, under certain conditions, go to retirement for permanent disability from the age of 60.

If you are deemed unfit for work, you can, under certain conditions, go to retirement due to incapacity for work as soon as you reach the age of 62.

We present these different devices and the conditions to be fulfilled to benefit from them.

Disability

You can retire before the minimum starting age normal (set between 62 and 64 years of age depending on your year of birth) and from 55 years if you meet the following conditions

  • Have a minimum number of quarters of pension insurance contributors (all pension schemes)
  • And to have exercised your professional activity, during this period, by being suffering from a permanent incapacity at least equal to 50% or with a comparable disability (or, for periods prior to 31 December 2015, to have pursued your professional activity as a disabled worker).

The following are the insurance term requirements:

Tableau - Conditions of insurance period to be fulfilled for early retirement for disability

You were born:

You can retire from:

Minimum number of insurance quarters required

Before September 1, 1961

59 yrs

88 of which 68 contributors

Between 1 September 1961 and 31 December 1962

59 yrs

68 quarters contributed

1963

59 yrs

68 quarters contributed

In 1964

58 yrs

79 quarters assessed

59 yrs

69 quarters assessed

In 1965

57 yrs

89 quarters assessed

58 yrs

79 quarters assessed

59 yrs

69 quarters assessed

In 1966

56 yrs

99 quarters assessed

57 yrs

89 quarters assessed

58 yrs

79 quarters assessed

59 yrs

69 quarters assessed

1967-69

55 years

110 quarters contributed

56 yrs

100 quarters contributed

57 yrs

90 quarters contributed

58 yrs

80 quarters contributed

59 yrs

70 quarters contributed

1970-72

55 years

111 quarters contributed

56 yrs

101 quarters contributed

57 yrs

91 quarters assessed

58 yrs

81 quarters assessed

59 yrs

71 quarters assessed

From 1973

55 years

112 quarters contributed

56 yrs

102 quarters contributed

57 yrs

92 quarters assessed

58 yrs

82 quarters assessed

59 yrs

72 quarters assessed

Log in to your personal space on the Pension Insurance website and visit the service Consult my career.

Pension Insurance - Personal Space

If your career record is incomplete or inaccurate, you can request correction from the age of 55.

If your career record is up to date, you should contact your Carsat: titleContent an application for certification of early retirement of insured persons with disabilities.

Application for certification of early retirement of insured persons with disabilities

This form allows you to obtain a certificate proving that you meet the conditions for an early retirement for disabled policyholders from the Pension Insurance.

You must attach the following documents to this form:

Proof that you qualify for early retirement from Pension Insurance for insured persons with disabilities is issued, at the earliest, 6 months before the possible retirement date.

Once you have obtained this certification, you can apply for a single pension from all your pension plans from your personal area.

Please note

Don't stop working before having obtained confirmation of your situation with all your basic and supplementary pension plans.

Your pension is calculated on full rate no matter how many quarters of pension insurance you have, at the maximum rate of 50%.

If you do not have the number of quarters of pension insurance required to qualify for a full rate pension, your retirement pension paid by Pension Insurance is increased to make your pension amount equal to a full-rate pension.

If the amount of your increased pension is less than minimum amount retiring, called minimum contributionYes, that's the minimum amount that's paid to you.

Permanent incapacity of occupational origin

You can go, under certain conditions, retired before the minimum retirement age normal (between 62 and 64 years of age depending on your year of birth) if you have permanent incapacity at least equal to 10% as a result of occupational disease accident at work or a

Warning  

Permanent incapacity due to a commuting accident does not qualify for permanent incapacity retirement.

The age of early retirement differs depending on your rate of permanent disability:

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Permanent disability rate of at least 20%

If you have permanent incapacity at least equal to  20% as a result of an occupational disease or an accident at work which resulted in injuries identical to those compensated for an occupational disease, you can retire as early as 60. Accident at work The list of injuries resulting from an occupational disease identical to those compensated for as a result of an occupational disease shall be established by ministerial order.

The rate of permanent disability of  20% may also result from the addition of several permanent incapacity rates, at least one of which is equal to 10%recognized as a result of one or more occupational diseases and/or accidents at work which have caused injuries identical to those compensated as a result of an occupational disease.

Permanent disability rate between 10% and 19%

If you have permanent disability with a rate between 10% and 19% accident at work after an occupational disease or an early retirement 2 years before minimum age of departure normal if you complete the 2 conditions following:

  • You were exposed for 17 years (68 quarters) to one or more occupational risk factors
  • And it is established that your permanent disability is directly related to exposure these occupational risk factors.

These conditions are checked by a specific committee within the pension fund, which issues an opinion.

Occupational risk factors are linked to marked physical constraints or an aggressive physical environment or to certain work patterns which can leave identifiable and irreversible lasting traces on health:

  1. Marked physical constraints :
    • Manual handling of loads, the lifting, laying, pushing, pulling, carrying or moving of which requires the physical effort of one or more workers
    • Stressful postures defined as forced joint positions
    • Mechanical vibration: vibration transmitted to the hands and arms which causes in particular vascular disorders, osteoarticular lesions or neurological or muscular disorders or vibration transmitted to the whole body which causes in particular back pain and microtraumas of the vertebral column.
  2. Aggressive physical environment:
    • Dangerous chemical agents, including dust and fumes
    • Activities in hyperbaric environments (relative pressure greater than 100 hectopascals with or without immersion)
    • Extreme Temperatures
    • Noise: daily exposure to noise of at least 81 decibels for a reference period of 8 hours or 600 hours per year or exposure to impulsive noise (brief and repeated) of at least 135 decibels.
  3. Certain work patterns:
    • Night work
    • Work in alternating shifts (example shift work in 3x8)
    • Repetitive work characterized by the performance of work involving the execution of repeated movements, stressing all or part of the upper limb, at a high frequency and at a constrained rate.

However, if your permanent disability is recognized as an occupational disease related to exposure to occupational risk factors, manual handling of loads, mechanical vibration, distressing postures, or hazardous chemical agents, these conditions shall not apply.

One ministerial order lists the occupational diseases arising from these risk factors.

You can apply for early retirement for work-related permanent incapacity with your Carsat: titleContent using the following form:

Single application for a basic pension for permanent incapacity of occupational origin

It is recommended to formulate your request 6 months before date desired departure.

Accident at work You must attach to your pension application form the documents listed on page 4 of the form and in particular your notification of occupational sickness or financial assistance and your notification of medical consolidation.

You have to ask for your retirement from others basic and supplementary pension funds which you have noted during your career.

However, the application form for a permanent disability pension is common to the Pension Insurance and the MSA: titleContent so if you've paid into the MSA, you don't have any application to that pension fund.

Furthermore, the Pension Insurance informs theAgirc-Arco: titleContent of your retirement for permanent incapacity.

Your pension is calculated at the full rate regardless of the number of quarters of your pension insurance, i.e. at the maximum rate of 50% your average annual salary over your best 25 years.

Inability to work

You can leave by full-rate pension (without discount), regardless of your number of pension insurance quarters, from 62 years if you are deemed unfit for work.

You are deemed unfit for work if your health no longer allows you to continue your professional activity without seriously harming your health and if you have a permanent medical incapacity for work of at least 50%.

You should contact your Carsat: titleContent a personal pension application form.

Single application for personal basic pensions - General schemes (employees and self-employed), agricultural schemes (MSA), religious schemes (Cavimac)

You must attach to this form, under confidential cover, a medical certificate drawn up by your attending doctor, and, if you are still active, a medical certificate drawn up by the occupational doctor.

The medical certificates to be completed by the doctor(s) are to be requested from your Carsat.

Your inability to work is recognized by your pension fund's medical officer.

Your incompetence is appreciated depending on the job you hold on the date of your request.

If you are no longer employed at the time of your application, your incapacity is assessed on the basis of the last activity you performed in the previous 5 years.

If you have not been employed in the last 5 years, your incapacity is assessed on the basis of your physical and mental ability to work.

In some situations, you are automatically considered unfit at work from the minimum retirement age and are not subject to medical check-ups. This is particularly the case in the following situations:

  • You are recognized as disabled before the minimum retirement age
  • You receive the Disabled Adult Allowance (DAA)
  • You have the disability card with a permanent disability of at least 80%
  • Your permanent disability rate is at least 50%.

The starting point for your retirement due to unfitness for work is set at 1er day of the month following the date on which your incapacity is recognized.

Your pension is calculated at the full rate regardless of the number of quarters of your pension insurance, i.e. at the maximum rate of 50%.

Retirement for incapacity for work may be increased to the amount of minimum contribution. This amount may be increased in respect of the periods contributed.

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