The portability of the mutual fund in the event of job loss is possible but not automatic

Our colleagues from What to choose recently recalled: if an employee loses his job, he and his possible beneficiaries can continue to benefit from the company’s complementary health free of charge for a period equal to the period of compensation by Pôle emploi, within the limit of twelve months. This “portability” also applies to provident contracts taken out by companies to cover their employees in the event of death, incapacity or disability.

While most economists predict the inexorable rise in unemployment, recourse to this device is likely to increase. But the terms of this coverage remain unknown: on specialized forums, testimonies of people questioning their right to portability abound.

Not automatic

Sure Legisocial, an economic licensee discovers that her mutual insurance contract was terminated following the judicial liquidation of her business. On the forum-juridique.net-iris.fr, another employee who is negotiating a contractual break with her employer wonders if she will be able to benefit from it while she is on sick leave. On Ameli.fr, a another disabled employee sees portability refused and some, in the same situation, testify to having received a letter from their old mutual asking them to reimburse the overpayment …

Maintaining the mutual fund is not automatic.

On the one hand, this device excludes a certain number of cases, including dismissal for gross negligence and retirement.

On the other hand, the portability of coverage is subject to the payment of unemployment benefits.

Read also What is the impact of partial unemployment on retirement?

If, for one reason or another, the employee is not entitled to it, in the event of resignation for example, he cannot be covered free of charge by the mutual insurance company of his former company. To benefit from portability, “Resignation must give rise to the right to unemployment insurance”, insists Marion Robert, associate lawyer at Actance law firm.

The employee who negotiates a contractual termination can therefore keep his coverage free of charge for a few months. Resignations considered “legitimate” by Pôle emploi also allow the employee to receive unemployment benefit and therefore to benefit from the portability of the mutual insurance company of his former company: when it comes to following his spouse who is moving for a reason. professional, for example. The list of reasons for resignation considered “legitimate” can be found here.

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