Question 9643 — pensions: general

Summary

The government is very attentive to the situation of disabled people and in particular to retirement conditions. Early retirement for disabled workers (RATH) allows retirement from the age of 55 for policyholders with minimum insurance periods, validated and contributed to, completed with a permanent incapacity rate of at least 50%. To justify their disability situation on all of 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 certifying the rate of permanent incapacity defined in article D. 351-1-6 of the social security code. The pension of insured persons leaving under the RATH is, regardless of the length of their career, calculated at the full rate. When the insured does not meet the insurance period required for its generation, the amount of the pension is increased in order to take into account the profile of the affected career and to compensate for the effects of proration (up to 1/3 of the ratio between the duration of insurance contributed in a disability situation in the scheme and the duration of insurance carried out in the scheme). This increase is added to the amount of the pension brought to the contributory minimum, possibly increased for periods contributed. Thus, the overall average monthly amount of the basic pension received under the RATH is similar to that of the overall average monthly amount of the basic pension received by all employees. In any case, the disabled insured person who does not meet the conditions required for the RATH can claim a full-rate pension from the legal retirement age even if he does not complete the insurance period when he is holder 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). Finally, the Government is currently preparing an overhaul of the overall architecture of our pension system with a view to making it fairer and more understandable for policyholders. The reflections undertaken and the consultation with the social partners will make it possible to examine the most suitable modalities, in the future pension system, for solidarity mechanisms.

Machine translation from French. The official text remains authoritative.

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