Asbestos early retirement of a public servant

Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister)

Are you a civil servant or a contract worker and are recognized as having an occupational disease caused by asbestos? Do you work or have worked in an establishment where asbestos or materials containing asbestos were treated?

You may, under certain conditions, terminate your activity early and receive a specific early termination allowance (Ascaa) until you retire.

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Official

You can stop working early and receive a specific early termination benefit (Ascaa) until you retire if you:

1er case

You can stop your business from 50 years if you are recognized suffering from occupational disease caused by asbestoscontracted during your employment in the public service.

2e case

You can stop your activity if you the following 3 conditions :

You may cease your activity from the age of 60 years less one-third of the total period during which you have held the office on the list established by ministerial order and at the earliest, at age 50.

3e case

You can stop your activity if you the following 3 conditions :

You may cease your activity from the age of 60 years less one-third of the total period during which you have held the office on the list established by ministerial order and at the earliest, at age 50.

In order to benefit from the early termination of activity and the specific allowance, you must make a request to your administration.

Your application must be accompanied by the necessary supporting documents.

Your administration will notify you of its decision within 2 months of the date of receipt of your complete file.

You can stop your activity from 1er the day of the month following the date of receipt of your administration's decision on admission.

From that date until you retire, you can no longer work. Only artistic or creative activity is possible.

If you engage in any other unauthorized activity, payment of the specific allowance is suspended and the allowances already received are claimed from you.

From the time you leave the service until you retire, you receive a specific early retirement allowance (Ascaa).

The amount of this allowance is calculated on the basis of a reference remuneration equal to the average of your gross monthly remuneration for your last 12 months of activity.

The amount of the allowance is equal to 65% of this reference remuneration.

This amount shall be revalued in line with the increase in the value of the public service index point.

The elements of remuneration taken into account in the calculation of the average of your gross monthly remuneration for your last 12 months of activity are the usual and regular elements paid to you.

Refunds of costs are not taken into account.

If you are posted overseas or abroad, the remuneration elements related to this assignment are taken into account only if you continue to reside overseas or abroad and have the center of your moral and material interests there.

If you were on sick leave (regular, long-term or long-term) at half-pay before you left work, the amount of the specific allowance is calculated on the basis of the average of your full-time remuneration. It's the same if you were part-time.

The amount of the specific allowance may not be less than €1,332.84 gross per month, not less than €1,325.19 gross per month.

The amount of the specific allowance may not exceed the gross index salary you held before your cessation of activity.

The specific allowance is paid to you every month to expired term by your last public employer.

The specific allowance is subject to sickness and pension contributions.

Your pension contributions to the SRE: titleContent or to the CNRACL: titleContent and to the RAFP: titleContent are supported by your administration.

They are calculated on the basis of the index salary and the premiums you held before your cessation of activity.

The specific allocation is also subject to CSG: titleContent and CRDS: titleContent.

When you are entitled to a full-rate pension at age 60 at the earliest

You are compulsorily retired and the specific allowance ceases to be paid to you when you have the number of quarters of pension insurance required to be entitled to a full rate pension and at the earliest at age 60.

No later than age 65

You must be 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).

At your request from age 60 if you accept a pension with a discount

You can apply to be retired as soon as you reach 60, regardless of the number of quarters.

If you don't have the number of quarters of pension insurance required to qualify for a full-rate pension, your pension is subject to a discount.

Before age 60 if you are entitled to early retirement

You can apply for retirement if you qualify for early retirement before age 65 or before age 60 (e.g. for a long career).

At any time if you are entitled to a disability pension

You can ask to be fired at any time disability pension if you meet the conditions to take advantage of it.

Contractual

You can stop working early and receive a specific early termination benefit (Ascaa) until you retire if you:

1er case

You can stop your business from 50 years if you are recognized suffering from occupational disease caused by asbestoscontracted during your employment in the public service.

2e case

You can stop your activity if you the following 3 conditions :

You may cease your activity from the age of 60 years less one-third of the total period during which you have held the office on the list established by ministerial order and at the earliest, at age 50.

3e case

You can stop your activity if you the following 3 conditions :

You may cease your activity from the age of 60 years less one-third of the total period during which you have held the office on the list established by ministerial order and at the earliest, at age 50.

In order to benefit from the early termination of activity and the specific allowance, you must make a request to your administration.

Your application must be accompanied by the necessary supporting documents.

Your administration will notify you of its decision within 2 months of the date of receipt of your complete file.

You can stop your activity from 1er the day of the month following the date of receipt of your administration's decision on admission.

From that date until you retire, you can no longer work.

Only artistic or creative activity is possible.

If you engage in any other unauthorized activity, payment of the specific allowance is suspended and the allowances already received are claimed from you.

From the time you leave the service until you retire, you receive a specific early retirement allowance (Ascaa).

The amount of this allowance is calculated on the basis of a reference remuneration equal to the average of your gross monthly remuneration for your last 12 months of activity.

The amount of the allowance is equal to 65% of this reference remuneration. It is upgraded as the value of the public service index point increases.

The elements of remuneration taken into account in the calculation of the average of your gross monthly remuneration for your last 12 months of activity are the usual and regular elements paid to you.

Refunds of costs are not taken into account.

If you are posted overseas or abroad, the remuneration elements related to this assignment are taken into account only if you continue to reside overseas or abroad and have the center of your moral and material interests there.

If you were on sick leave or serious illness with half-pay before you left work, the amount of the specific allowance is calculated on the basis of the average of your full-time remuneration. It's the same if you were part-time.

The amount of the specific allowance may not be less than €1,332.84 gross per month or less than €1,325.19 gross per month.

The amount of the specific allowance may not exceed the gross index salary or gross remuneration you held before you left the service.

The specific allowance is paid to you every month to expired term by your last public employer.

The specific allowance is subject to sickness and pension contributions.

Your pension contributions to Social Security pension insurance and insuranceIrcantec: titleContent are supported by your administration.

They are calculated on the basis of the remuneration you held before your cessation of activity.

The specific allocation is also subject to CSG: titleContent and CRDS: titleContent.

When you are entitled to a full-rate pension at age 60 at the earliest

You are compulsorily retired and the specific allowance ceases to be paid to you when you have the number of quarters of pension insurance required to be entitled to a full pension rate and at the earliest at 60 years.

No later than age 65

You must be 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).

At your request from age 60 if you accept a pension with a discount

You can apply to be retired as soon as you reach 60, regardless of the number of quarters.

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.

Before age 60 if you are entitled to early retirement

You can apply for retirement if you qualify for early retirement before age 65 or before age 60 (e.g. for a long career).