Question 9642 — pensions: general

Summary

Early retirement for disabled workers (RATH) allows retirement from the age of 55 for policyholders with a permanent disability rate of 50% or recognition of the status of disabled worker (for periods completed before December 31, 2015), for the entire insurance period and the entire period of contributory insurance required. These conditions are determined from the duration necessary for the full-rate pension and reduced according to retirement age. To justify their disability situation over all the required periods, policyholders can produce a certain number of supporting documents, the list of which is established by decree of July 24, 2015 relating to the list of documents attesting to the rate of permanent incapacity defined in article D. 351-1-6 of the Social Security Code. The insured then benefits a retirement pension calculated at the full rate even if he does not have the required insurance duration or equivalent periods. This pension may also be subject to an increase if the beneficiary does not meet the maximum insurance period under the general scheme. The increase coefficient is equal to 1/3 of the ratio between the insurance period contributed in a disability situation in the plan and the insurance period in the plan. Where applicable, this amount is capped (at the amount of the “full” pension: proration coefficient equal to 1). This increase aims to avoid the impact that a short career would have on the amount of the pension due to the proration coefficient. In addition, the RATH also gives the right to liquidation without reduction of the supplementary pension. It should be remembered that in any case, the disabled insured who does not fulfill not meet the conditions required for the RATH can nevertheless claim a full-rate pension from the legal retirement age even if he does not fulfill the insurance period if he is in receipt of a disability pension, recognized as unfit for work or if he has a disability rate of at least 50% (article L.351-8 of the social security code). The Government is currently working on an overhaul of the overall architecture of our pension system with a view to making it fairer and more understandable for policyholders. The discussions undertaken will make it possible to examine the most suitable modalities in the future universal pension system, particularly for solidarity mechanisms.

Machine translation from French. The official text remains authoritative.

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