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Pension reform and long careers: what changes the decree project for the generation of ’63

The Government has sent the first decrees to implement the pension reform to the Council of State for its opinion. One of them establishes a “saving clause” that allows some of the people eligible for the “long career” system who are about to retire not to be penalized by the new rules.

The pension reform will enter into force on September 1. On this date, the legal retirement age will gradually rise from 62 to 64 years. Those who started working early will still be able to leave early, even if the “long career” system will be modified with 4 age limits instead of 2: 58 years old (4 or 5 quarters validated before the end of the 16 year year), 60 years (before 18 years), between 60 and 62 years (before 20 years according to the year of birth) and 63 years (before 21 years).

as reported West of FranceThe draft decree that the government sent for an opinion to the Council of State and that we consulted foresees the introduction of a “safeguard clause” for people born between September 1, 1961 and August 31, 1963. Indeed, if they started working early, some of them preparing to retire risked being penalized by the reform.

Let us take the example of an insured from the generation of 1963, the one who turns 60 precisely in 2023. Let us suppose that the latter, born in April, has validated 5 quarters before the end of the calendar year of his 20th birthday and that he has validated his 168 quarters required: is eligible for the long-term regime in its current version and is therefore not affected by the reform. He can leave this year at 60, before the new rules take effect on September 1.

The case is complicated, however, for some of the insured of the generation of 1963. In particular, those born in August, explains the National Old Age Insurance Fund (Cnav) contacted by BFM Business. If they meet the requirements for the long-term regime and have validated their 168 quarters, current regulations allow them to retire on the first day of the month following their 60th birthday, that is, in September. Problem, with the entry into force of the reform on September 1, they would have seen their minimum starting age increased to 60 years and 3 months and their contribution period from 168 to 170 quarters. This also applies, for example, to policyholders born at the beginning of 1963 (60 years old at the beginning of 2023) but who would not have reached 168 trimesters until August due to a lag in their career.

What happens to the insured born between September and December 1963?

The safeguard clause mentioned in the draft decree provides that these people will be able to continue leaving early, at age 60, once they have reached 168 quarters before September 1, 2023. Some 8,000 people would be affected.

“At their request, these insured persons may take early retirement, as of September 1, 2023, under the legal conditions applicable before the entry into force of the reform,” says the commission for the study of old-age legislation. age insurance

On the other hand, what will happen to the insured born between September and December 1963 who would have validated their 168 quarters before August 31, 2023? Will they be able to leave at 60 or will they have to leave until they are 60 years and 3 months and 170 quarters? The CNAV services themselves do not know this by reading the decrees. That is why they ask for “confirmation that these provisions concern all insureds born in 1963 because certain exchanges indicate that the safeguard clause should apply only to insureds born until August 31, 1963.”

Author: Paul-Louis
Source: BFM TV

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