Asbestos early retirement of private sector employee

To be able to benefit from a asbestos early retirement, you must be in one of the following situations:

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.

Asbestos Workers' Allowance Application

You must apply for an early termination allowance for asbestos workers (Acaata) using a different form depending on your situation.

Your request should be addressed to the Caisse régionale d’assurance santé d’Île-de-France (Cramif) - Department of Amiante, if you reside in the following regions:

• Île-de-France
• Overseas (Departments 971, 972, 973, 974, 976)
• Nouvelle-Aquitaine
• Normandy
• Brittany
• Pays de la Loire
• Center Val de Loire
• Grand Est
• Burgundy Franche-Comté
• Hauts-de-France
• Auvergne Rhône-Alpes (only for departments 03, 15, 43, 63).

Your request should be addressed to the Carsat: titleContent South East - ATA Sector, if you reside in the following regions:

• Provence-Alpes-Côte d’Azur
• Corsica
• Occitanie
• Auvergne Rhône-Alpes (only for departments 01, 07, 26, 38, 42, 69, 73, 74).

If you reside abroad, you must send your folder to the Carsat from your last place of work in France.

Decision of the Social Security Fund

Cramif or Carsat has 2 months to decide on your request from Acaata.

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 Cramif or Carsat, 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 discounted average of the gross monthly salaries of your last 12 months of paid employment.

If your reference monthly salary is less than €3,925, Accata is equal to 65% of your reference salary.

If your reference monthly salary is more than €3,925, Accata is equal to €2,551.25 to which is added 50% on the part of your reference salary between €3,925 and €7,850.

The share of your reference salary above €7,850 is not taken into account.

Gross Acata amount cannot be less than €1,288.09 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 asbestos workers' allowance paid?

The allowance is paid to you from 1^er the day of the month following the date on which you qualify for early retirement or, if later, from 1^er the day of the month following the submission of your application.

The allowance shall be paid monthly, with due date.

Can the asbestos workers' 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).