Asbestos early retirement of private sector employee
Verified 19 September 2023 - Legal and Administrative Information Directorate (Prime Minister)
If you have been exposed to asbestos during your working life, you can benefit, under certain conditions, from a asbestos early retirement.
It entitles you to the Asbestos Workers Early Termination Allowance (Acaata) from the time you leave the industry until you retire.
We present you with the information you need to know.
You must be in one of the following cases.
1st case
You can stop your business from 50 years if you are recognized by the Health Insurance as having a occupational disease caused by asbestoson a list drawn up by ministerial order.
2nd case
You may cease your activity if you work or have worked in a plant for the manufacture of materials containing asbestos or in a asbestos flocking and insulation plantduring periods during which asbestos or materials containing asbestos were manufactured or treated there.
The list of establishments and, for each establishment, the period concerned, shall be laid down by ministerial order.
You may cease your activity from the age of 60 years less one third of the duration of work at the establishment and at the earliest at age 50.
3rd case
You can stop your activity if you meet the following 2 conditions:
- You work or have worked in a shipbuilding or ship repair establishment listed by ministerial order during periods when asbestos or materials containing asbestos were treated there
- During those periods, you have worked in a trade on a list established by ministerial order
You may cease your activity from the age of 60 years less one third of the duration of work at the establishment and at the earliest at age 50.
4th case
You may cease your activity if you are a professional dockworker or port personnel handling and if you work or have worked in a port during a period when asbestos was handled.
The list of ports and, for each port, the period during which asbestos was handled shall be determined by ministerial order.
You may cease your activity from the age of 60 years less one third of the working time in the port and at the earliest at age 50.
FYI
Sailors and former sailors also benefit from a specific asbestos pre-retirement scheme.
Asbestos Workers' Allowance Application
You must apply for an early termination allowance for asbestos workers (Acaata) from the CPAM: titleContent of your place of residence by means of a dedicated form according to your situation.
If you reside in a Drom: titleContent you must apply to your general social security fund.
If you live abroad, you must send your request to the health insurance fund of your last place of work in France.
Répondez aux questions successives et les réponses s’afficheront automatiquement
You have an occupational disease caused by asbestos
You are an employee or former employee of an asbestos manufacturing or processing establishment
You are an employee or former employee of shipbuilding and ship repair
You are a professional docker worker or port staff
Decision of the sickness insurance fund
Your health insurance fund has 2 months to decide on your Acaata application.
If you qualify for the allowance, she estimates the gross monthly amount of your allowance.
You are free to accept or not accept this proposal.
In the absence of a decision by your credit union within the two-month period, the application shall be considered rejected.
Early retirement
Once your application for the asbestos workers’ allowance has been accepted by your CPAM, you must resign in order to take early retirement and receive the allowance.
You are entitled to the same period of notice as that provided for in the case of dismissal.
You are also entitled to severance pay equal to retirement compensation at the initiative of the employee (except treaty provision more favorable).
This allowance is exempt from contributions and income tax.
What is the amount of the asbestos workers' allowance?
The gross amount of the Acaata is calculated on the basis of a monthly reference salary equal to the monthly average of the gross salaries of your last 12 months of activity.
If your reference monthly salary is less than €3,666, Accata is equal to 65% of your reference salary.
If your reference monthly salary is more than €3,666, Accata is equal to €2,382.90 to which is added 50% on the part of your reference salary between €3,666 and €7,332.
The share of your reference salary above €7,332 is not taken into account.
Gross Acata amount cannot be less than €1,196.84 per month but not more than 85% of your reference salary.
The allowance is subject to the following contributions:
- Health insurance (at the rate set by the health insurance scheme to which you were subject when you applied for the allowance)
- CSG-CRDS (unless the income is exempt)
- Additional Solidarity Autonomy Contribution (Casa).
How is the allowance paid?
The allowance is paid to you from 1er the day of the month following the date on which you qualify for early retirement or, if later, from 1er the day of the month following the submission of your application.
The allowance shall be paid monthly, with due date.
Can the allowance be combined with other income?
Acata is not cumulable with other early retirement or early retirement benefits, unemployment benefits or a retirement pension.
However, cumulation is possible with a accident at work annuity of or of occupational disease.
A differential allowance may also be paid in addition to a retirement pension paid by a special scheme, an invalidity pension or a survivor's pension, up to the amount of the Acata.
At the earliest at age 60 if you are entitled to a full rate pension
You are obligatory retired and the Acata ceases to be paid to you when you have the number of quarters of pension insurance required to qualify for a pension full-rate pension and at the earliest at age 60.
From 60 years if you accept a pension with discount
You can ask to be retired as soon as you turn 60.
If you do not have the number of quarters of pension insurance required to qualify for a full rate pension, your pension is subject to a discount.
No later than age 65
You are obligatory retired no later than age 65 even if you don't have the number of quarters of pension insurance required to qualify for a full-rate pension.
In this case, your retirement pension is granted to you at a full rate (i.e. no discount).
Who can help me?
Find who can answer your questions in your region
- Law No. 98-1194 of 23 December 1998 on financing social security for 1999: article 41Conditions, minimum age of departure, procedures and resignation of the employee
- Decree No. 99-247 of 29 March 1999 on the early termination allowance for asbestos workersAcaata
- Order of 29 March 1999 establishing the list of occupational diseases linked to asbestos which may qualify for the early retirement allowance at the age of 50
- Application for an allowance for asbestos workers, employees and former employees suffering from an occupational disease
Form
- Application for an allowance for employees and former employees of asbestos manufacturing or processing establishments
Form
- Application for the allocation of employees and former employees in shipbuilding and ship repair
Form
- Application for an allowance for asbestos workers, professional dockworkers and port staff involved in handling
Form
- Occupational diseases caused by asbestosLegifrance
- Establishments that have manufactured asbestos-containing materials and establishments for flocking and insulating with asbestosLegifrance
- List of shipbuilding establishments dealing with asbestosLegifrance
- List of shipbuilding or ship repair trades eligible for early asbestos retirementGeneral Confederation of Scop
- List of ports eligible for asbestos early retirementLegifrance
- Seafarers' social security scheme - Asbestos early retirementNaval Disabled National Institution (NIMI)