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Asbestos pre-retirement of private sector employee

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

If you have been exposed to asbestos during your working life, you may benefit from asbestos preretirement. It entitles you to the Asbestos Workers' Early Termination Allowance (Acaata), from the date of your separation and until you retire.

You must be in one of the following cases.

Case 1

You can stop your activity 50 years if you are recognised as having occupational disease caused by asbestos, listed by ministerial order.

2nd case

You can stop working if you work or have worked in a manufacturing establishment of materials containing asbestos or asbestos flocking and insulation plant, during periods when asbestos or materials containing asbestos were manufactured or processed in the place.

The list of establishments and, for each establishment, the period concerned, shall be determined by ministerial order.

You may cease your activity from an age equal to 60 years less one third of the working time at the establishment and not earlier than 50 years.

Case 3

You can stop your activity if you meet the following 2 conditions:

  • You work or have worked in a naval construction or repair establishment listed by ministerial order during periods during which asbestos or materials containing asbestos were treated
  • During these periods, you have worked in a trade listed by ministerial order

You may cease your activity from an age equal to 60 years less one third of the working time at the establishment and not earlier than 50 years.

4th case

You may cease your activity if you are a professional docker worker or port staff handling the goods and 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 established by ministerial order.

You may cease your activity from an age equal to 60 years less one third of the working time in the port and not earlier than 50 years.

FYI  

Sailors and former sailors also enjoy specific asbestos pre-retirement device.

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 live in a Drom: titleContent you must send your application to your general social security fund.

If you reside abroad, you must send your application to the health insurance fund of your last place of work in France.

Who shall I contact

Répondez aux questions successives et les réponses s’afficheront automatiquement

You are an employee or former employee of an asbestos manufacturing or processing establishment

Application for the allocation of employees and former employees of asbestos manufacturing or processing establishments

You are an employee or former employee of the shipbuilding and repair

Application for the allocation of employees and former employees of the shipbuilding and repair

You are a professional docker worker or port staff

Asbestos workers, professional dockworkers and port workers handling

Health Insurance Fund Decision

Your health insurance fund has a 2-month period to decide on your Acata application.

If you qualify for the allowance, she will estimate the gross monthly amount of your allowance.

You are free to accept this proposal or not.

In the absence of a decision by your caisse within 2 months, the application is considered to be rejected.

Early retirement

Once your asbestos worker allowance application has been accepted by your CPAM, you must resign to take early retirement and receive the allowance.

You are entitled to the same period of notice as in the case of redundancy.

You are also entitled to a severance pay equal to employee-initiated severance pay (except conventional provision more favourable).

This allowance is exempt from contributions and income tax.

What is the amount of the allowance for asbestos workers?

The gross amount of the Acata 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 monthly reference salary is less than €3,666, the Accata is equal to 65% of your reference salary.

If your monthly reference salary is greater than €3,666, the Accata is equal to €2,382.90 to which 50% from your reference salary between €3,666 and €7,332.

The share of your reference salary greater than €7,332 is not taken into account.

The gross amount of the Acata 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:

How is the allowance paid?

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

The allowance is paid monthly, due.

Can the allowance be combined with other income?

Acata cannot be combined with other early retirement or early retirement benefits, unemployment benefits or a retirement pension.

However, cumulation is possible with a accident at work annuity or occupational disease.

A differential allowance may also be paid in addition to a retirement pension paid by a special plan, a disability pension or a reversion pension, up to the amount of the Acata.

Early to age 60 if you are entitled to a full-rate pension

You 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 full-rate pension and at the earliest at age 60.

From age 60 if you accept a retirement with a discount

You can ask to be retired as soon as you reach age 60.

If you do not have the number of retirement insurance quarters required to qualify for a full-rate pension, your pension is subject to a haircut.

Not later than 65 years

You obligatory retired not later than 65 years 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 pension is granted at full rate (i.e. no discount).

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