You are currently viewing Retirement for Disabled Employees: Specific Provisions

Retirement for Disabled Employees: Specific Provisions

In a constantly evolving work environment, retirement is of paramount importance, especially for employees with disabilities.

Estimated reading time: 4 minutes

The transition to retirement requires a specific recognition of their professional journey and health status. Early retirement provisions for disabilities are crucial social measures that reflect an awareness and consideration of the unique challenges faced by these workers.

Recognition and Early Retirement for Disabled Workers

In the complex world of retirement, disabled employees benefit from specific provisions. A worker can claim early retirement from the age of 55 if a permanent disability of at least 50% is recognized, provided that they have accumulated a certain number of contributory quarters.

For example, at 55 years, for workers born from 1973 onwards, 112 contributory quarters are required, with a decreasing count of 10 quarters for each additional year until 59 years, where 72 quarters are necessary.

Retirement is calculated at a full rate, regardless of the total contributory quarters, corresponding to 50% of the average annual salary of the best 25 years. An increase is conceivable if the number of contributory quarters does not reach the threshold for a full-rate retirement. This increase is proportional to the duration during which the person was disabled and the total duration of their contributions.

However, this increase cannot exceed the amount the person would have received with the necessary quarters for a full-rate pension. If the increased pension is lower than the contributory minimum, the latter is paid.

Retirement for Permanent Disability

Besides retirement for disability, employees with a permanent disability of at least 20% caused by an occupational disease or work accident also have the possibility to retire at 60 years. This provision extends to those who, with a permanent disability of at least 10%, have been exposed for 17 years to specific professional risk factors, such as significant physical constraints, an aggressive physical environment, or work rhythms harmful to health.

It should be noted that permanent disability due to a commuting accident does not grant the right to retirement for permanent disability. As with disability, retirement is calculated at a full rate, regardless of the number of contributory quarters.

Work Incapacity and Retirement

Finally, retirement for work incapacity concerns employees who can no longer practice their profession without risk to their health and whose work incapacity of at least 50% is medically recognized.

From the age of 62, they can claim a retirement at a full rate, regardless of the number of contributory quarters.

Incapacity is assessed by the medical advisor of the social security fund, based on the job held or the last activity performed. If no activity has been carried out in the 5 years preceding the request, general physical and mental abilities are taken into account.

Certain circumstances exempt from medical evaluation, such as disability recognized before retirement age or the benefit of the disability allowance for adults with a permanent disability of at least 80%.

The recognition of incapacity marks the beginning of the right to retirement, established on the first day of the month following this recognition. As with other cases, the pension is calculated at a full rate.

In Conclusion:

These provisions reflect a desire to take into account the specificities of the professional paths of disabled workers. They represent an essential adaptation of the retirement system to the realities of disability, aiming to ensure a dignified and secure end of career for those who have had to contend with additional challenges throughout their active lives.

Philippe Casanova

Specialist in occupational medicine and forensic medicine.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.