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Early retirement of the employee for labor difficulties

Verified 06 October 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Pension reform project

Published on 27 January 2020

One universal pension bill shall be examined by Parliament. The pension rules will be amended. Pending the publication of the law, the information contained in this page remains current.

You can benefit from an early retirement related to the hardship of your work in 2 cases. This is the case, subject to conditions, if you prove to be permanently incapacitated by professional origin of at least 10%.. This can also be the case if you justify a minimum number of points on a professional prevention account (C2P). If you are eligible for early retirement under these 2 schemes, you must choose the one you want to benefit from.

Retirement for permanent disability

You can retire at age 60, under certain conditions, if you have a permanent disability of professional origin recognized by the Health Insurance.

You can benefit from this device if you have been a victim of an occupational disease or an occupational accident.

Warning  

incapacity in connection with a journey accident shall not be eligible for this early retirement scheme.

You must have a permanent disability rate of at least 10% due to an occupational disease or an occupational accident.

The conditions that must be met in order to qualify for early retirement will vary depending on your disability rate and the origin of your disability.

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Permanent disability rate between 10 and 19 %

Victim of an occupational disease

If your disability is caused by one or more of the following risk factors, you can benefit from early retirement without conditions ::

  • Painful postures (forced joint positions)
  • Manual load handling
  • Mechanical vibrations
  • Hazardous chemical agents (including dust and smoke).

However, if your occupational disease is not caused by one or more of these risk factors, you can benefit from early retirement if you prove that you have been exposed, for at least 17 years, one of the following occupational risk factors:

  • Activities carried out in hyperbaric medium (characterized by a pressure higher than the atmospheric pressure)
  • Extreme temperatures
  • Noise
  • Night work
  • Posted Work (3x8, 2x12)
  • Repetitive work characterized by the performance of work involving the execution of repeated movements, requiring all or part of the upper limb, at a high frequency and under constrained cadence

Your pension application is submitted to a panel that reviews the validity of your evidence of exposure to the risk factor for 17 years and the relationship between your disability and that exposure.

Your pension fund must be notified.

FYI  

the rate of incapacity between 10% and 19% must have been obtained under the same occupational disease.

Victim of an industrial accident

You can claim early retirement if the following conditions are met:

  • The accident resulted in injuries identical to those compensated in the event of occupational disease .. The identity of the lesions shall be examined by the medical consultant. Your pension fund must be notified.
  • You have been exposed for 17 years to one or more occupational risk factors and your permanent disability is related to this exposure. This condition is reviewed by a commission whose opinion is required of your pension fund.

FYI  

the rate of incapacity between 10% and 19% must have been obtained in respect of the same occupational accident.

Permanent disability rate of 20% or more

Victim of an occupational disease

You can claim early retirement without further conditions.

FYI  

the 20% may be achieved by the addition of several rates of disability recognized as a result of occupational diseases. However, at least 10% of incapacity must result from the same disease.

Victim of an industrial accident

You can claim early retirement if the accident resulted in injuries identical to those compensated in the event of occupational disease ..

The identity of the lesions shall be examined by the medical consultant. Your pension fund must be notified.

FYI  

the 20% may be achieved by the addition of several recognized disability rates following accidents at work. However, at least 10% of incapacity must result from the same accident.

The amount of the pension is automatically calculated at the full rate according to the usual calculation formula, even if you do not justify duration of insurance required for full rate.

You must fill out the application form for retirement for hardship.

Retirement request for hardship

You send this form to your Carsat: titleContent..

The latter acknowledges receipt of your request and takes care of directly referring your request to the competent authorities.

You must attach several supporting documents to your application, which are listed in the form.

Carsat's silence for more than 4 months shall be deemed to constitute a refusal decision in the following cases:

  • In the event of incapacity as a result of an accident at work, where the identity of the injuries with those compensated for an occupational disease must be verified,
  • Where the opinion of the committee is required in the case of occupational disease not caused by one or more risk factors linked to difficult postures, manual handling of loads, mechanical vibrations or dangerous chemical agents.

Using C2P

If you have earned points on a prevention professional account (C2P), you can use them, under conditions, to increase your length of insurance for retirement and benefit from early retirement.

An employee holding a C2P may use all or part of the points entered in his account to finance an increase in his old-age insurance period and a retirement before legal age..

This request can be made from the age of 55.

In this case, points can be used in 10-point increments and up to 80 points.

10 points gives you 1 quarter. It is therefore possible to acquire up to 8 additional quarters of old-age insurance under C2P.

The legal retirement age shall be reduced by the number of quarters allocated for the increase in the duration of insurance.

Example :

If you were born in 1959 and earned 20 points on your C2P, you can acquire 2 additional quarters of insurance.

You can retire 6 months before the legal age, that is to say from 61 years and 6 months.

It is not possible to anticipate the retirement of more than 8 quarters before the legal age (i.e. 80 points usable maximum).

Thus, your early retirement is possible at age 60.

The amount of your pension is determined taking into account the usual calculation formula..

To determine the rate of your pension, each 10-point installment is also entitled to a one-quarter premium.

Example :

If you were born in 1959 and earned 20 points on your C2P, you can increase your pension insurance term by 2 quarters.

To qualify for a full-rate pension, individuals born in 1959 must have 167 quarters of contributions.

For example, if you only justify 165 quarters, the 2-quarter mark-up for C2P can achieve the 167 quarters needed for the full rate.

If you want to use points from your C2P to increase your pension insurance term, you must fill out the dedicated form.

Application for the use of hardship points for an increase in the duration of insurance for retirement

You then request your retirement in the usual conditions..