Question 16501 — people with disabilities

Summary

Mr. Matthieu Bloch draws the attention of the Minister of Labor and Solidarity to the differences in assessment of the rights to early retirement of people with disabilities between the general system and the National Pension Fund for Local Authority Agents (CNRACL). It was informed of the situation of one of its administrators, affiliated with the CNRACL, who was notified of contradictory decisions within the framework of its request for early retirement on grounds of disability. While the retirement insurance services had initially recognized her right to early retirement from July 1, 2026, the CNRACL refused to transmit her file to the competent commission, considering that she did not meet the regulatory conditions applicable to territorial and hospital civil servants. Following this decision and in application of the rules relating to the accumulation of pensions, CARSAT was led to return to its initial position. This situation raises questions about the equal treatment of people with disabilities within the retirement system. Indeed, the reality of the applicant's disability is in no way disputed. This had been recognized as giving right to early retirement within the framework of the general scheme, but does not allow access to an equivalent system for the part of the career completed in the territorial or hospital civil service. However, the consequences of disability on professional wear and tear, working conditions and capacity to carry out an activity do not differ depending on whether the insured person worked in the private sector or in the public sector. This difficulty appears particularly marked for policyholders who have completed a career mixed, who can see their disability recognized as justifying early departure in a compulsory retirement plan while being refused in another, even though it is a single professional path. Such a situation leads to questions about the consistency of the applicable rules with regard to the objective pursued by the legislator, namely compensation for the consequences of disability on one's career. professional. This question is all the more legitimate as recent legislative and regulatory developments, in particular those implemented by CNAV circular no. 2025-22 of August 1, 2025 relating to early retirement of disabled insured persons, reflect a desire to facilitate effective access to this system. The removal of certain insurance duration conditions, the relaxation of the terms of recognition of periods of disability and the lowering of the thresholds for referral to the competent national commission aim precisely to improve access to early retirement for disabled workers. Therefore, he asks what are the reasons which justify the maintenance of such significant differences of assessment between the general regime and the CNRACL for insured persons placed in a comparable situation of disability. He also wants to know if the Government considers harmonizing the conditions for access to early retirement on grounds of disability between the different compulsory retirement schemes, in particular for policyholders who have completed a mixed career, in order to guarantee more consistent and equitable consideration of the consequences of disability throughout their professional career.

Machine translation from French. The official text remains authoritative.

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