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Incapacity

Early redemption in case of incapacity

affecting the saver, the saver’s children or the saver’s spouse or civil partner


According to French law

Deadline: None

Eligible schemes: PEE (company savings plan) / PEG (group savings plan) / PEI (inter-company savings plan) and PERCO (collective retirement savings plan) / PERCOI (inter-company collective retirement savings plan) and PERECO (collective retirement savings plan created by PACTE law) / PERECOI (inter-company collective retirement savings plan created by PACTE law) 

Supporting documents to accompany the redemption request

Trigger event date: date of award notice of an invalidity/disability pension or date of decision by the Commission for the Rights and Independence of People with Disabilities (CDAPH)

2nd and 3rd category incapacity

  • Award notice of an incapacity pension in respect of a social security scheme following classification as a category 2 or 3 incapacity
    • Or Statement from the social security office reporting that the person concerned is classified as having a 2nd or 3rd category incapacity as regards any gainful employment

Incapacity/Disability recognised by the CDAPH disability commission

  • CDAPH decision recognising at least 80% incapacity for gainful employment

And

  • Incapacity card

And

  • Declaration on honour (attestation sur l’honneur) that the person concerned is not gainfully employed

Incapacity under the self-employed welfare body RSI

  • Incapacity certificate issued by the self-employed welfare body RSI

And

  • Declaration on honour (attestation sur l’honneur) that the person concerned is not gainfully employed

Trigger event date: date of award notice of an invalidity/disability pension or date of decision by the Commission for the Rights and Independence of People with Disabilities (CDAPH)

  • Same documents as for incapacity affecting the employee savings plan beneficiary

And

  • Up-to-date copy of family register (livret de famille)
    • Or Copy of marriage certificate
    • Or Copy of birth certificate recording the PACS civil partnership

Additional information

Conditions 

Release, whether in full or in part, of assets held under a PEE (company savings plan), PEI (inter-company savings plan) or PEG (group savings plan) can be phased or paid in instalments.
Release of assets held under a PERCO or PERCOI can be paid only in one single instalment.

This applies to incapacity in the 2nd and 3rd category under Article L.341-4 of the French Social Security Code, or those recognised by the CDAPH disability commission provided that the level of incapacity is at least 80% and that the person concerned is not gainfully employed.

Excluded events

  • Incapacity affecting the cohabiting partner
  • Payment of a military pension for incapacity

Questions / Answers

The cases of incapacity in the 2nd and 3rd category under Article L.341-4 of the French Social Security Code are as follows:

  • Incapacity resulting in absolute inability to undertake any form of gainful employment (2nd category)
  • Incapacity resulting in absolute inability to undertake any form of gainful employment and which moreover makes necessary assistance from another person for activities of daily living (3rd category).