This particular form of retirement for a civil servant raises many questions: benefits, amount, role of the disability rate, preparation of the file, possibility of working after retirement, etc. This guide will help you see things more clearly.
What are the benefits of public service disability retirement?
Retirement for disability allows a civil servant to be admitted to retirement regardless of their age, if their state of health no longer allows them to retain their function definitively and absolutely. It offers several decisive advantages for a public official faced with a lasting deterioration in his health.
The main one is the absence of age conditions and minimum length of service. A civil servant may be eligible for disability retirement at any time during his career if his state of health no longer allows him to carry out his duties.
Another essential point: the retirement pension is awarded without reduction, even if the agent has not reached the normally required insurance period. This clearly distinguishes disability retirement from traditional early retirement which may suffer a reduction if it is taken too early.
When the disability results from an occupational illness or an accident attributable to service, the civil servant may receive, in addition, a specific pension to improve the level of income.
Good to know : This type of pension opens the same rights as a traditional pension in terms of survivorship, ensuring financial protection for those entitled to it.
What is the minimum amount of a disability pension in the civil service?
The amount of the disability retirement pension depends on the career of the civil servant.
It represents 75% of the gross index salary received during the last 6 months, in proportion to the number of quarters validated in relation to the required insurance duration. But there are protection mechanisms: in the event of disability of at least 60%, the pension cannot be less than half of the gross index salary used to calculate retirement.
When the calculated pension is low, the retired civil servant can benefit from a guaranteed minimum, subject to meeting certain length of service conditions. This minimum makes it possible to avoid pensions that are too low for agents who have had a short or interrupted career for health reasons.
The disability rate does not directly influence the basic calculation of the pension, but it can play a role in the allocation of certain supplements, particularly when the disability requires the assistance of a third person.
Good to know : There is no legal minimum disability rate. It is the definitive unfitness for employment and the opinion of the medical council which determine admission to retirement for disability.
In the event of insufficient resources, the retiree can also request additional social assistance (such as the Solidarity Allowance for the Elderly), subject to income conditions.
How is disability retirement calculated in the civil service?
The calculation of disability retirement follows the rules of common law for civil servant retirement, with favorable adjustments.
The pension is calculated based on the gross index salary for the last six months, excluding bonuses. This treatment is multiplied by a coefficient corresponding to the duration of the services performed, according to the following formula:
Index treatment × (duration of services / reference duration)
Unlike a traditional retirement, no discount is applied, even if the career is incomplete. In addition, if the overall disability rate is at least equal to 60%, the disability pension cannot be less than 50% of the salary corresponding to the index held by the agent for at least six months at the time of termination of service.
Good to know : When the disability is recognized as attributable to service (accident or occupational illness), the civil servant is entitled to a lifetime disability pension in addition to his main pension, which significantly improves the total amount received. Please note, the disability pension added to the pension cannot exceed the total gross index salary at the end of activity.
How to obtain a disability pension in the civil service?
Civil service disability pension can be granted in two ways:
- The civil servant requests it from his administration
- The administration requests the automatic retirement of its agent who has exhausted his sick leave rights or if his condition has been recognized as incurable.
In both cases, obtaining a disability pension requires a supervised procedure and the creation of an administrative and medical file.
It requires fulfilling 4 conditions:
- Be a tenured civil servant;
- Not being able to be reclassified;
- Not having reached the age limit for your category;
- His injury or illness was contracted or aggravated during a period during which he acquired retirement pension rights.
The process begins when the agent is recognized as medically unfit to carry out his duties. The administration must first study all possibilities of professional reclassification.
The file is then examined by a medical council, which assesses the reality of the disability, the definitive nature of the agent’s incapacity and its possible link with the service. His opinion is decisive in the procedure.
If incapacity is confirmed, the administration pronounces retirement for disability, also called admission to retirement for disability. The pension is then paid by the competent body.
Can you work after retiring due to disability?
Yes, it is possible to work after retirement due to disability, subject to respecting certain rules.
The activity resumed must be compatible with the state of health of the retiree and the recognized level of disability. The rules for combining employment and retirement apply, sometimes with income ceilings not to be exceeded.
Depending on the situation, the accumulation may be full or capped. If this is exceeded, the retirement pension may be partially suspended.
Before any resumption of activity, it is strongly recommended to obtain information from the retirement organization in order to avoid any unpleasant surprises.
Good to know : if resuming an activity is possible, this is only authorized in the private sector or under self-employed status, retirement for disability being definitive and entails the definitive cessation of functions in the public service.
Can a disability pension be refused in the civil service?
A civil servant can, in certain cases, refuse a disability pension, but this refusal is not always possible.
If the medical council concludes that there is definitive incapacity and no reclassification solution exists, the administration may impose retirement, even against the advice of the agent.
The official, however, retains avenues of appeal. He can contest the decision, request a second medical opinion or refer the matter to the administrative court.
Refusing admission to retirement due to disability can have significant consequences, particularly in terms of remuneration and social rights. A thorough analysis of the situation is therefore essential.
