Employee and collective retirement savings systems are attracting more and more employees. But their operation is often vague, especially in the event of early release. Five frequent errors can cost you dearly.
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They are more and more popular, but not yet well mastered. Employee and collective retirement savings systems – Company savings plan (PEE), Retirement Savings Plan Collective Company (PERCOL) or Bond Entreprise Retirement Savings Plan (PERO) – have reached an historical outstanding 200 billion euros in 2024 (+6.5% over one year), notes the French Association of Financial Management (AFG) in its latest study. In all, 12.8 million employees benefited from at least one employee savings system last year, up to one year.
A progression that does not prevent the ignorance of savers, since according to the latest annual report of the mediator of the Autorité des Marchés Financiers (AMF), unveiled on Wednesday 11, June 11, “Employee savings remains a major problem for the AMF mediator”with 201 disputes received in 2024. As the report points out, “Difficulties appear when the employee wishes to reimburse his assets (a withdrawal from his capital, editor’s note), in particular during an early release”. Because as a reminder, on a PEE, the funds are blocked for at least 5 years, and on a Perco or a Perco, until retirement. Here are 5 errors to avoid if you want to recover your bet before these deadlines.
PEE: Watch out for blocking your employee savings after retirement
Do you want to withdraw the money detained on your PEE to finance your retirement? Good idea! But be careful to ask for all your capital at once, otherwise you will have to invoke another reason for unlocking or wait for the deadline! Indeed, as the mediator’s relationship recalls, “An employee who asserts his retirement rights can request the early release of his PEE”but “The same motif can only give rise to one early unlocking ». In other words, if you do not unlock your entire PEE for this reason, you will be impossible for you to invoke it again to obtain a new withdrawal. It will be necessary to justify another case of early unlocking (marriage, divorce, birth of a third child, over -indebtedness, etc.) or, failing that, wait for the plan mature (at least 5 years).
Acquisition of the main residence: watch out for documents provided for unlocking
This is another case of early release of a PEE: the acquisition of the main residence. But beware of the document you will provide to justify it. Two supporting documents can be admitted: the promise to sell and the authentic deed of sale. Except that it can flow from time between the two! With the presentation of a promise to sell, only the sums present on this date will be released, and not any subsequent payments. With the deed of sale signed, unlocked capital can therefore be greater, but they will only be paid after the signature. Also, the employee takes the risk of not receiving his employee savings on time to finance his real estate purchase.
Unlocking is not automatic during a separation
Another subtlety to have in mind: unlocking due to divorce, separation, or dissolution of PACS is more complicated than it seems. Indeed, separation does not “Not alone constitutes a reason for unlocking the PEE”recalls the mediator’s report. Because “It is still necessary that the applicant justifies, moreover, that the usual residence of at least one of his children was fixed at his home so that this opens the right to early release”. In other words, the release of funds is only possible in the event of separation and reception at their home at least one of the couple’s children. However, this question can only be decided by judicial decision. In the event of an amicable dissolution of a PACS, for example, impossible, therefore, to provide this judge’s decision to justify an early unlocking.
The unlocking of a collective PER due to natural disaster has disappeared
Little surprise concerning the unlock, this time, of a perco or a percol. On the occasion of a file processed in March 2025, the AMF mediator, Marielle Cohen-Branche, noticed an “anomaly”: “A right previously existing with the Perco has disappeared for Percol, a retirement savings system which replaced it since the 2019 Pact law.” Indeed, the old version of this collective PER (called “perco”) could be released for the restoration of the main residence following a natural disaster, which is no longer possible for the new system, the collective business retirement savings plan (Percol). A “forgetfulness” which should give rise to an upcoming evolution of the text to include this motif.
For caregivers, unlocking from a certain level of invalidity only
Finally, Marielle Cohen-Branche also mentioned, during the press conference presenting her annual report, the subtleties to have in mind concerning the new cases of early release of a PEE. Since July 7, 2024, three new reasons can be invoked, of which being a caregiver. “But the devil hides in detail, and the new unlocking conditions can be very restrictive”, warns the AMF mediator. “Regarding caregivers, this only concerns, for example, invalidities above 80%”she says. Likewise, for the purchase of a clean vehicle, certain specific conditions must be met.
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