Pensions: retirement age, long careers… what the first two published decrees contain

While the implementation of the pension reform is scheduled for September 1, the first two implementing decrees, the content of which we had already unveiled at the beginning of May, were published this Sunday in the Official Journal. A publication which comes two days before the 14th day of action against the pension reform on Tuesday, at the call of the inter-union, while June 8, the National embly must also examine a bill repealing the reform, on the initiative of the independent group Liot.

These texts set out the terms of application of Articles 10, 11 and 17 of the amended social security financing law for 2023 “relating, on the one hand, to the gradual increase in the age of opening of rights to retirement from age 62 to 64 and the acceleration of the rate of increase in the insurance period required for the full rate, and, on the other hand, to early departures, in particular with regard to long careers and title of disability, ”explains the government in a press release.

Decrees published as a priority because they “condition the age of departure”, specified in mid-May the Ministry of Labor, pension funds eagerly awaiting them to update software and better inform future retirees. “From July, there will be pensions which will be calculated according to the new rules”, indicated on May 31 the director general of the National Old Age Insurance Fund (Cnav), Renaud Villard. We take stock.

Starting age raised to 64

It is the most emblematic measure and the one who concentrated (and still concentrates) the anger of the opposition. The minimum legal retirement age will gradually increase from 62 to 64, for all private sector employees and civil servants, excluding the active category. Article 1 of the decree details the “raising of the eligibility age”.

It is so move forward one quarter per generation from September 1, 1963 until 1968. For generations born in 1968 and after, the rules will be the same for everyone: departure at age 64. As a reminder, the contribution period required to obtain a full-rate pension (without discount) also changes: it goes from 42 years currently (168 quarters) to 43 years (172 quarters), at the rate of one quarter per year, according to your generation.

Long careers: four age limits…

For long careers in particular, the system “now provides for four age limits for entry into the system (16 years, 18 years, 20 years and 21 years), allowing early retirement according to four opening limits pension rights (respectively 58 years old, 60 years old, 62 years old and 63 years old)”, indicates the press release. The decree also introduces a separate treatment for those who started just before the age of 20.

The provisions relating to the “active categories” of the public service (firefighters, police officers, air traffic controllers, etc.) are also specified, who can always leave before the age of 64 but whose legal age of departure will also be gradually raised by two years.

… and derogations

The decree also provides for derogations in terms of early retirement for long careers, maintaining the current conditions for those who are eligible (beginning of activity before 20 years and 168 quarters) and who would no longer be eligible under the current system. Are concerned, we read in article 8 of the decree, “insured persons born between September 1, 1961 and December 31, 1963 and who justify, before September 1, 2023, a duration of insurance”, equivalent to that required before the entry into force of the reform, depending on the generation.

These insured persons can thus “request to benefit, for a pension taking effect from 1 September 2023, from a lowered age of entitlement to a pension under the conditions provided for in Articles D. 16-1 of the Civil Pensions Code and retired military personnel, D. 732-40 of the rural and maritime fishing code and D. 351-1-1 of the Social Security Code in their wording prior to the entry into force of this decree. “.

Until October 31 to cancel your request

If you have already taken the steps to be able to benefit from a retirement on September 1st but you realize that with the new rules, you no longer meet the conditions, you benefit, at your request, from a “cancellation” of your pension or from the “request for pension”, indicated the law enacted mi -april. Article 7 of the decree specifies the conditions. “The request for cancellation of the pension or the request for a pension is sent to the social security and agricultural social mutuality organizations (…), from the day after the publication of this decree and no later than October 31, 2023. »

31 decrees in total

These two decrees are the first of 31 implementing texts which must be published before September 1st so that the reform can be implemented on time. In the next few weeks, the decrees concerning the closure of the main special diets (RATP, electricity and gas industries, clerks and employees of notaries, Banque de France, Economic, Social and Environmental Council), those on professional wear and tear, prevention, new rights with the increase in the minimum pension for small pensions , or even combined retirement and phased retirement, open to private sector employees and civil servants. Finally, the additional quarters granted to volunteer firefighters, former beneficiaries of community work, etc.

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