Can an employee keep the supplementary health (mutual) employer at the end of his contract?

Verified 23 February 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Do you still want to benefit from the health (mutual) supplement of your company after the end of your employment contract?

It is possible, but certain conditions must be met. That's what we call the portability.

Specificities exist especially if you retire or if portability ends. The same rules apply if you are an employee of an association.

We present the rules to you based on your situation.

Job-seeker

In the event that your employment contract has been terminated, portability allows you to continue to be protected after leaving the company for a certain period of time.

Indeed, you continue to benefit from guarantees health costs in effect in your company.

If your company has provident scheme, you also benefit from portability for warranties related to risk of death, incapacity for work and disability.

For this to happen, certain conditions must be met.

You can benefit from portability, if you fill in all the following conditions:

Your rights-holders portability may also be provided by:

  • If it is a collective contract (dit family contract)
  • If you even benefit from this portability.

You don't have to pay.

If you meet the conditions, portability is your right.

However, you have to justify to the insurance organization that you are covered by the unemployment insurance scheme.

Your employer reports that these safeguards are maintained in the work certificate and notify the insurance organization of the termination of your employment contract.

Please note

If you are at the end of your entitlement, you must inform the insurance organization that the payment of unemployment insurance benefits has ceased.

You continue to benefit from the additional health and welfare guarantees of the company at from the date of cessation of your employment contract.

You continue to benefit from the complementary health and welfare guarantees of the company during a duration equal to the unemployment benefit period.

This is within the time limit:

  • From your last employment contract
  • Or, as the case may be, the last employment contracts where they are consecutive with the same employer.

This period may not exceed 12 months (1 year).

Maintaining your coverage ceases:

  • At the end of the retention period (example: you are no longer compensated by France Travail (formerly Pôle emploi))
  • Or in the event of resumption of a new job resulting in the termination of your unemployment benefit.

This maintenance may not exceed 12 months (one year).

The contract or agreement must provide for the terms and conditions and tariffs of new contracts or agreements.

No later than 2 months after the end of such retention of rights (called portability), the insurer sends you a proposal to maintain the guarantees on an individual basis (referred to as the Evin's law ").

This new contract will:

  • Is not free
  • Is not time-limited
  • Only health care costs and not foresight.

To benefit from this proposal, you must apply no later than 6 months after the end of the portability.

Guarantees maintained

You have the same collective and mandatory guarantee "health costs" that you receive when you leave the company.

FYI  

the insurer is not obliged to maintain this guarantee for your beneficiaries (family contract, for example).

Cost

You can benefit from the maintenance of the complementary health (mutual) of company, individually and for a fee.

Rates may not be higher than 50% the overall tariffs (employers' and employees' shares) applicable to active employees.

The progressive price cap is spread over 3 years:

  • 1era year: rates equal to those of assets
  • 2e year: maximum 25% superiors
  • 3e year: maximum 50%

FYI  

The amount of the contribution is freely fixed from 4e year.

Retired

At the latest 2 months after the end of your contract, the insurance organization sends you a proposal to maintain the guarantees individually.

This new contract will:

  • Is not free
  • Is not time-limited
  • It's only for health care, not for pensions.

You apply to benefit from this proposal no later than 6 months after the end of your employment contract.

You have the same collective and mandatory guarantee "health costs" that you receive when you leave the company.

You can benefit from the maintenance of the complementary health (mutual) of company, individually and for a fee.

Rates may not be higher than 50% the overall tariffs (employers' and employees' shares) applicable to active employees.

The progressive price cap is spread over 3 years:

  • 1era year: rates equal to those of assets
  • 2e year: maximum 25% superiors
  • 3e year: maximum 50%

FYI  

The amount of the contribution is freely fixed from 4e year.

Incapacity or disability pension

You are a beneficiary of an incapacity or disability pension and your employment contract has ended. At the latest 2 months after the end of your contract, the insurance organization sends you a proposal to maintain the guarantees individually.

This new contract will:

  • Is not free
  • Is not time-limited
  • It's only for health care, not for pensions.

You can apply for this proposal no later than 6 months after the end of your employment contract.

You have the same collective and mandatory guarantee "health costs" that you receive when you leave the company.

You can benefit from the maintenance of the company health mutual, individually and for a fee.

Rates may not be higher than 50% the overall tariffs (employers' and employees' shares) applicable to active employees.

The progressive price cap is spread over 3 years:

  • 1era year: rates equal to those of assets
  • 2e year: maximum 25% superiors
  • 3e year: maximum 50%

FYI  

The amount of the contribution is freely fixed from 4e year.

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