While the implementation of the pension reform is scheduled for 1 September, two first 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 that comes two days before the 14th day of action against the pension reform Tuesday, at the call of the interunion, while June 8, the National Assembly must also examine a bill repealing the reform, at the initiative of the independent group Liot.
These texts set out the modalities of application of Articles 10, 11 and 17 of the law on the amending financing of social security for 2023 "relating, on the one hand, to the gradual increase in the age of entitlement to retirement from 62 to 64 years and the acceleration of the rate of increase in the insurance period required for the full rate, and, on the other hand, early departures, particularly with regard to long careers and disability, "says the government in a statement.
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Decrees published as a priority because they "condition the age of departure", said mid-May the Ministry of Labor, pension funds are waiting impatiently for them to update software and inform future retirees as well as possible. "From July, there will be pensions that will be calculated according to the new rules," said May 31 the director general of the National Old-Age Insurance Fund (Cnav), Renaud Villard. Let's take stock.
Retirement age raised to 64
This is the most emblematic measure and the one that has concentrated (and still concentrates) the anger of the oppositions. 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 age of entitlement".
It is thus a question of advancing one quarter per generation from September 1, 1963 to 1968. For generations born in 1968 and later, the rules will be the same for all: departure at age 64. As a reminder, the contribution period required to obtain a full 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, depending on your generation.
Long careers: four age limits...
For long careers in particular, the device "now provides for four age limits of entry into the system (16 years, 18 years, 20 years and 21 years), by allowing early retirement according to four terminals of opening pension rights (respectively 58 years, 60 years, 62 years and 63 years)," says the press release. The decree also introduces a separate treatment for those who started just before the age of 20.
Also specified are the provisions relating to the "active categories" of the civil service (firefighters, police officers, air traffic controllers, etc.), who will still be able to 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 (start 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 born between September 1, 1961 and December 31, 1963 and who justify, before September 1, 2023, a period of insurance", equivalent to that required before the entry into force of the reform, depending on the generation.
These insured persons may thus "request to benefit, for a pension taking effect from 1 September 2023, from a lowered pensionable age under the conditions provided for in Articles D. 16-1 of the Civil and Military Retirement Pensions Code, D. 732-40 of the Rural and Maritime Fisheries 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 application
If you have already taken the steps to be able to retire on September 1 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 the "pension application", indicated the law promulgated in mid-April. Article 7 of the Decree specifies the conditions. 'The application for cancellation of the pension or the application for a pension shall be addressed to the social security bodies and agricultural social mutual insurance (...), from the day following the publication of this decree and no later than 31 October 2023.'
31 decrees in total
These two decrees are the first of 31 implementing texts that must be published before 1 September for the reform to be implemented on time. In the coming weeks, the decrees concerning the closure of the main special regimes (RATP, electricity and gas industries, clerks and employees of notaries, Banque de France, Economic, Social and Environmental Council), those on occupational wear and tear, prevention, new rights with the increase in the minimum pension for small pensions, or the combination of employment and retirement and phased retirement, open to private sector employees and civil servants. Finally, the additional quarters granted to volunteer firefighters, former beneficiaries of community utility work...
