Have you notified your employer of your retirement at the end of 2023 and already sent the letter to Pension Insurance? But you had perhaps not anticipated that an additional quarter of work would be necessary with the new pension reform. The government promises that you can cancel your application. It remains to solve the equation with your employer.
No current withdrawals are going to have to go back to work! This statement was said and repeated many times during a conference call from Olivier Dussopt’s office on Wednesday May 10. The office of the Minister of Labour, who wanted to give visibility to the publication of the decrees implementing the reform, took the opportunity to insist on this point: no person currently retired should return to work.
An affirmation following the various cases and testimonies published recently and reporting completely disrupted career endings. With an unwanted return to business. Like the 16 employees of the Orano company, on early retirement, on leave pending their departure, and who must choose between a reduced salary while waiting for the new legal age of departure, unpaid leave or … coming back to work: a case told by France Blue and widely relayed on social networks, in particular by political leaders.
Chambouls end-of-career facilities
In fact, as the Minister of Labor points out, a person retiring by the end of August 2023 cannot be forced to return to work. The legal age goes back and the required contribution period is getting longer for the possible departures from September 1, 2023. Not those who leave before.
Pension reform: how many more quarters will you have to work from September 1?
The nuances of chosen words are important… No current withdrawal is going to have to go back to work! repeats Olivier Dussopt’s cabinet. Certainly. On the other hand, the image of the employees of the Orano company quoted above, certain departures planned for the end of 2023 will have to be turned upside down.
The office of the Minister of Labor recognizes this: the end-of-career arrangements with people who left the company having specifically calculated their retirement date at the end of a period of leave from a time savings account, for example, can be recontacted by their employer. However, the ministerial cabinet estimates this phenomenon to be limited to a few thousand people. And insists: in none of these cases, the pension rights have already been liquidated.
How to cancel your retirement request?
For these departures scheduled and to be rescheduled, the government does not plan to change the schedule of its pension reform. On the other hand, in the batch of decrees currently being prepared, a gesture is provided for this case. And more generally for all departures planned a little too early: for example the departure of an employee in activity, scheduled in October for his 62 years, except that the reform now demands him one more quarter.
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The government plans to offer a kind of cooling-off period for workers who have already applied for their pension, with a departure planned after September 1st. They will have a two-month period following the publication of the decree in project. It will suffice, according to this draft decree that MoneyVox has been able to consult, to send a written request for cancellation to the organizations concerned: Retirement insurance (Carsat), MSA, etc.
Two months, in the end, was deemed too short. We are looking at it to extend this deadline
Sufficient time? No, from the point of view of the union representatives represented at the National Old Age Insurance Fund (Cnav), whose authorities were consulted by the government before the publication of this decree. Result: Two months seemed like a long enough period to us, explains Olivier Dussopt’s firm. In the end, it was deemed too short. We are looking at it to extend this period. A new version of this delay and this gesture is therefore to be expected. According to our information, the retirements claimed too hastily could potentially be canceled until the end of the year.
Early departure, reduced pension
A departure planned for the end of 2023 without having taken into account the extension of the working hours required by the reform mainly has an effect on the amount of your pension. If you do not reach the new legal age, you will in any case be forced to postpone your departure. If you are now missing a few weeks to get the full rate, not postponing your departure will permanently penalize your pension, which will definitely be subject to a discount. Hence the importance of canceling the start, if necessary.
And how to delay your departure… in your company?
Problem… This problem is twofold: It is not only a problem of the retirement schedule, but also a possible problem to be settled with the employer, underlines Valrie Batigne, founder and director of the firm Sapiendo Retraite. If you are still working and it is a question of pushing back the end date of the contract, it can be simple, administratively speaking, even if it does indeed require you to work a few more months…
The problem is more complex if, physically, you have already left the company which continues to pay you a salary at this stage: Yes, there are problematic cases for employees who have planned to retire after having laid down their planned days of time savings accountand problem cases within the framework of departure plans, confirms Valrie Batigne. In these cases, a time limit [celui prvu dans le projet de dcret, NDLR] making it possible to cancel the request for liquidation of pension rights solves only part of the problem. You can actually postpone the departure to avoid a bad surprise on the pension. But still it is necessary to be able to work the time of the lag!
Olivier Dussopt’s firm replies that the employee remains an employee until the retirement rights are liquidated, and that he will be able to extend his activity.
And the end of the right to unemployment?
For the unemployed approaching the age of 62 and worried about a gap between the end of unemployment insurance rights and their retirement, the office of the Minister of Labor affirms that a decorrelation is planned with the decline in the legal age. . To date, unemployed job seekers who have reached the age of 62 can see their rights extended until the age of the full rate. This rule remains, without decline of 62 years: They will continue to receive unemployment until the full rate, points out the cabinet of Olivier Dussopt.