An employee who is permanently incapacitated following a work accident or occupational illness may benefit from early retirement. What are the conditions for retiring before the legal age? What is the retirement age for a disabled worker? Here is everything you need to know about early retirement due to disability, permanent incapacity or inability to work.
Capital Video: Occupational illness and retirement: what are the conditions for early departure?
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– Early retirement in the event of incapacity
How is permanent incapacity following an occupational illness determined?
Criteria and scale
If you suffer from an occupational disease and it has stabilized, your case will be examined by the medical advisor of your health insurance fund. If the after-effects observed justify it, a detailed report will propose a rate of permanent incapacity, based on:
- medical and professional criteria (nature of your illness, general condition, age, and professional qualifications);
- the indicative scale of disability for occupational diseases appearing in the annex to the Social Security Code.
Incapacity rate and amount of compensation
A registered letter with acknowledgment of receipt from your Social Security fund will inform you of the disability rate used and the amount paid (in the form of capital or life annuity depending on the rate allocated). You will have two months to contest this decision before the Incapacity Disputes Tribunal (TCI).
Also read: Retirement payment: 2024 payment schedule
At what age can you retire in the event of permanent incapacity, handicap or unfitness for work?
Handicap
The retirement age of an employee with a disability varies depending on their year of birth. He can leave from the age of 55 if he meets the following conditions:
Incapacity for work
An employee recognized as unfit for work can retire at full rate, regardless of the number of quarters, from the age of 62.
Permanent disability
People suffering from permanent incapacity linked to an occupational disease or an accident at work can apply for retirement for permanent incapacity from the age of 60, under certain conditions.
What are the conditions for early retirement due to permanent incapacity?
Depending on your level of permanent incapacity, you can retire at 60 or two years before the legal age.
Work incapacity rate of 20% minimum
You can submit a request for early retirement due to permanent incapacity from the age of 60, providing the necessary supporting documents. If you are already receiving a pension linked to a work accident, a medical advisor will check whether the injuries are identical to those compensated for an occupational illness. If this is the case, the request will be validated. It is possible to combine incapacity rates linked to an occupational disease and/or a work accident, provided that at least one of the rates reaches 10%.
Permanent disability rate at least equal to 10%
You can request your retirement two years before the legal age if you have been exposed for at least 17 years to occupational risk factors (art. L. 4161-1 of the Labor Code), and if your incapacity is due to this exposure. A commission will verify exposure to risks and the link with incapacity. The duration of exposure may include periods in other basic schemes of the European Union.
Also read: When and how to apply for retirement online?
How to apply for retirement for permanent disability?
Fill out a form on the Retirement Insurance website
Retirement for permanent disability is not automatic. You must complete the application form on the Pension Insurance website and send it to your pension fund at least four months before the desired date. A single request is sufficient for all schemes (general, agricultural employees, non-agricultural employees).
Attach the requested documents
You must attach:
- the completed questionnaire;
- your pension notification for occupational illness or work accident;
- your notification of permanent incapacity rate;
- your notification of medical consolidation.
If your incapacity rate is between 10% and 20%, you must prove that your incapacity results from your work (salary slips, contracts, professional risk exposure sheets, etc.).
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What is the amount of the life annuity in the event of occupational illness?
Criteria taken into account
The life annuity is calculated based on your rate of permanent incapacity and your salary for the last 12 months. It is equal to the annual salary multiplied by the disability rate, adjusted according to the following method: the part below 50% is reduced by half, and the part above 50% is increased by half.
Calculation examples
For example, with a disability rate of 75% and an annual salary of 24,000 euros, the pension will be 62.50% of this salary, or 15,000 euros (1,250 euros per month). In 2024, the salary taken into account for the calculation is between 20,971.05 euros and 167,768.38 euros. If your salary exceeds 41,942.09 euros, only part is taken into account.
For a salary of 50,000 euros and a disability rate of 60%, the pension will be 17,851.12 euros (1,487.59 euros per month). People with a disability rate greater than 80% can benefit from an additional benefit for recourse to a third party.
Also read: Retirement premium: application and calculation
Does disability pension count towards retirement?
Yes, the disability pension allows you to retire at 62 at full rate (50%), without reduction, even without the required number of quarters. The disability pension ceases as soon as the retirement pension for incapacity for work begins, paid by CARSAT or MSA, depending on your affiliation.
Good to know : Even if the substitution of the disability pension for retirement is automatic, it is necessary to send a request to your regional fund to benefit from your retirement for incapacity for work.
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