Published on August 06, 2009 – Updated on December 03, 2015
Accumulation of retirement employment
In principle prohibited, this accumulation is authorized in certain cases. As part of the national mobilization for the employment of seniors, the conditions for combining employment and retirement have been relaxed. Since January 1, 2009, many obstacles that prevented retirees who wanted to resume a professional activity have been removed. In addition, certain specific or minor activities benefit from a special regime.
Summary
Who can benefit ?
Anyone who has:
- ceased his professional activity;
- liquidated her old-age pensions with all the organizations on which she depends, French and foreign;
- who are at least 67 years old (or 62 years old, if they have contributed the number of quarters to qualify for a full pension), for people born after 1956 (for those born between January 1, 1951 and 1955, see the follow-up progressive retirement age introduced by the law of 9 November 2010).
Insured persons who meet these conditions can now combine employment and retirement without having to respect the old waiting period of 6 months and the ceiling on accumulation of resources.
Please note: due to the condition of cessation of activity, the insured who continues to work for his last employer will have to conclude a new employment contract.
This new measure has applied since 1 January 2009 to pensions that have already taken effect and those taking effect after this date.
Insured persons who do not meet the age and insurance conditions still depend on the previous scheme: in this case, they continue to receive their pension as long as the sum of their income and their basic and supplementary pensions does not exceed not the monthly average of the last 3 salaries (or 1.6 times the Smic if this amount is more favourable). In the same way, the insured must wait 6 months before being able to resume employment with his last employer.
Note: the insured who has carried out a part-time activity may request that income corresponding to a full-time activity be taken into account.
If this ceiling is exceeded or if an activity is resumed with the former employer within the 6-month period, the payment of the retirement pension is suspended.
What should be done ?
Prove the cessation of activity, as the case may be:
- by certificate from the last employer;
- by any means of proof (cancellation from the commercial regime, from the chamber of trades);
- by a sworn statement for employees with multiple employers.
Note: the old-age insurance funds have full powers of investigation to ensure the final termination of all professional ties.
Then in the month of resumption of a professional activity, the insured must inform his pension fund. It must communicate:
- the name and address of his employer;
- the start date of the activity;
- the amount of income and its nature;
- the affiliation schemes corresponding to this income;
- the name and address of all other pension organizations that pay him a pension;
- if the last activity was carried out on a part-time basis and the insured requests that an income equal to a full-time activity be taken into account, a certificate from the employer mentioning the duration of the work of the insured during the period of reference and the duration of full-time work applicable in the company.
Special cases
The continuation of certain activities, after retirement, is authorized for:
- artistic, literary and scientific activities;
- janitors, nannies, domestic workers;
- craftsmen and industrial-traders, in the case of transfer of the business between 60 and 65 years old;
- participation in judicial activities or competition juries;
- accommodation activities in rural areas carried out with heritage assets;
- occasional consultations;
- tutoring activities for one or more employees by a former employee of the company;
- medical activities carried out in health establishments by retired independent doctors and nurses up to a limit of 3,031 euros per month (figures as of 1 January 2012).
Where to go?
To the national old-age insurance fund.