Can we keep the company's mutual at the end of the employment contract?
Verified 05 February 2019 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, you can continue to benefit from the mutual (health supplement) of your company at the end of your employment contract, subject to certain conditions. That's called the portability.. The same rules apply if you are an employee of an association.
Subject to certain conditions, you continue to benefit from health cost guarantees in effect in your company..
If your company has a pension plan, you also benefit from portability for the guarantees related to death, incapacity for work and disability risks.
You can benefit from portability if you meet the conditions cumulative following:
- You have been subject to a breach of your employment contract for reasons other than heavy duty
- Termination of your employment contract entitles you to unemployment insurance coverage
- You have joined supplementary corporate health coverage
Your right holders may also benefit from portability in the case of a collective contract (known as a "family contract").
You have no request.
However, you must justify to the insurer that you are covered by the unemployment insurance scheme. Your employer reports that these guarantees are maintained in the work certificate and inform the insurer of the termination of your employment contract.
If necessary, you must inform the insurer of the cessation of the payment of unemployment insurance benefits.
You will continue to benefit from the company's health and pension benefits from the date of termination of your employment contract.
You continue to benefit from the company's supplementary health and welfare guarantees for a period equal to the period of unemployment compensation, within the limit of the duration
- of your last employment contract
- or, as the case may be, last employment contracts where they are consecutive with the same employer.
The duration of maintenance of the rights, expressed in months, may not exceed 12 months (1 year). For example, after a 5-month employment contract, you continue to benefit from the mutual health insurance for up to 5 months, and your right to unemployment is also 5 months. If you find work before the 5 months, you cease to have the right to the mutual company health as soon as you are no longer compensated by Pôle emploi. If your last contract was 18 months, the maximum portability is 12 months, even if your right to unemployment is 18 months.
Keeping your coverage stops:
- at the end of the retention period
- or if a new job is resumed.
At the end of the portability system, the insurer body shall send you a proposal to maintain the guarantees individually.
You have 6 months to apply.
This new contract is paid and is not limited in time.
Persons who leave the undertaking to retire because of disability or disability are no longer covered by the portability of rights. The insurer shall inform them of this within 2 months of the date of termination of the employment contract.
They can benefit from the maintenance of mutual corporate health, individually and at a cost. Rates may not be higher than 50% global tariffs applicable to active employees. The progressive price cap is spread over 3 years:
- 1mother year: rates equal to those of assets,
- 2e year: maximum 25% superior,
- 1e year: maximum 50%..
- Law No. 89-1009 of 31 December 1989 strengthening the guarantees against certain risksArticle 4
- Social Security Code: Articles L911-1 to L911-8Temporary maintenance of the health-care guarantee (Article L911-8)
- Decree No. 90-769 of 30 August 1990 on guarantees for insured persons against certain risksTariff applicable to pensioners
- Breaking of the contract of employment in the private sectorService-Public.fr
- Economic layoffService-Public.fr
- Dismissal for personal reasons (private sector)Service-Public.fr
- Complementary business health (mutual health)Service-Public.fr