Pension reform: one in six new retirees will not be affected

modified: 2022-12-22 12:05:02

Despite the pension reform, at age 62, people unable to work will be entitled to a maximum rate of 50%. Explanations.

  Pension reform: one in six new retirees will not be affected

Retirement for incapacity stands as an exception to the future pension reform . To preserve these individuals in fragile health, their legal retirement age will be maintained at 62 . Who is concerned ? How to acquire it? Here is everything you need to know about this device .

Pension reform: no change for the 'retirement for incapacity'

'For disabled workers, nothing will change,' Emmanuel Macron said last October about the pension reform.

Postponement of the legal age retirement from age 62 to age 64 or 65, will not concern incapacitated persons .

On November 14, Olivier Dussopt, Minister of Labor argued that the government does not intend to “modify the age limits which allow for full-rate retirement for insured persons who are disabled or unfit at age 62 and for disabled workers at age 55”.

Early retirement set at age 55

The upcoming pension reform should not influence the pension scheme anticipated for women and men with disabilities. As a reminder, this process gives the possibility to the individuals concerned to benefit from a full pension from the age of 59 , even 55 years.

However, it appears that among the 650,000 new annual retirees , only 2,000 to 3,000 of them take early retirement. The reason ? Conditions considered restrictive. The people who have obtained it are those who have worked permanently with their disability since their first years of activity .

Pension reform a full rate from the age of 62

Disabled people who have not been able to benefit from early retirement can claim another measure . Given their incapacity or disability, the legal age for obtaining automatic full rate (62 years old), won't change for these .

105,000 people, i.e. 1 retiree in 6, will benefit from this liquidation rate of 50% (the maximum rate granted). For this, they do not need to justify their quarter of insurance .

For some policyholders, recognition of incapacity does not require a new medical examination , since it is by right. It's about :

  • Persons recognized as disabled before age 62
  • Disability card holders recognizing at least 80% permanent disability
  • Recipients of a widow's or widower's old-age pension.
  • Beneficiaries of the allowance for disabled adults (AAH)

According to a report by the General Inspectorate of Social Affairs (Igas) published last December, “the beneficiaries of the AAH and the people going through the medical procedure have very choppy careers with significant unvalidated periods , low reference wages and, as a consequence, lower than average pension amounts”. It was therefore necessary “keep a favorable and specific system for these audiences. »

How to justify his incapacity for work?

Nothing is lost if you are not legally incompetent . You can also justify a “presumption of incapacity”.

The Igas report advises future retirees to go through a medical recognition procedure to prove this incapacity:

“This is part of a medical procedure involving the medical advisers of the health insurance. Incapacity is recognized when the incapacity for work is equal to or greater than 50%. »

This inability should not be confused with inability to work announced by an occupational physician. According to Philippe Charlin ,

“An employee declared unfit by an occupational doctor within a defined framework (that of his company and specific positions), will not necessarily be recognized as unfit for work by the medical advisor”.

The procedure described by Igas consists of complete a form given by a attending physician and an occupational physician if the individual concerned is still working. Once completed, the documents must be sent to Carsat, which redirect them to the Social Security medical service . According to Philippe Charlin,

“The medical advisor can rule with or without a medical appointment. It is therefore preferable to request retirement 6 months before the date of departure, due to the time required to examine the recognition of incapacity”.

If despite the procedure, the insured is not yet incapacitated , the latter can:

  • Accept the decision, then submit another request to the medical advisor
  • Maintaining a request for retirement at a reduced rate (discount)
  • Challenge the decision, then appeal to the Incapacity Dispute Tribunal

Source : Mercipourlinfo