Implemented on September 1, 2023, the pension reform has changed many elements for future retirees. Thus, the legal retirement age has been raised to 64 years while the insurance period is now set at 43 annuities. Changes that have not been easy to manage for those concerned, widely mobilized in the streets of Paris and supported by the opposition, as well as the unions. However, the pension reform has allowed the implementation of the safeguard clause. How can it be used?
The anger has passed, but the consequences of the pension reform are more relevant today than ever. Since his arrival, there have been numerous changes for the retirees concerned. For example, in the context of long careers, the system which allowed workers to contribute early and liquidate their pension rights before the age set by law has evolved. However, Article 8 of the pension reform offers specific measures for early departure through the safeguard clause.
The safeguard clause is, therefore, a device mentioned in the decree published in July 2023. It concerns people eligible for early retirement for long careers. Indeed, any person born between September 1, 1961 and December 31, 1963 has the capacity to retire by referring to the conditions provided for before the adoption of the pension reform. Therefore, in the perspective that you have contributed 168 quarters before the entry into force of the reform and that you are aged 60, you are one of the people eligible for this safeguard clause.
Thanks to the safeguard clause, retirees can benefit from certain advantages. It offers them the ability to retire between 3 and 6 months later and to contribute two additional quarters. According to information from Pleine Vie, “the number of beneficiaries amounts to 8,000, knowing that around 125,000 people take early retirement for a long career every year”.
To qualify for the safeguard clause, you must, moreover, if you started your career between the ages of 18 and 20, “have completed 5 quarters before the age of 20”. Anyone born between October 1 and December 31 will see their number of trimesters increase to four. As a reminder, the 168 quarters contributed include those not contributed for maternity leave, sick leave, the period of unemployment or even military service.
Do not hesitate to check if you can benefit from the safeguard clause. A large number of eligible people are therefore not informed and miss out on this advantage, which can change a lot of things for their end of career.
In this regard, the general secretary of the CGT, Sophie Binet, denounced the “conditions of application of the pension reform […] scandalous”. She explained that the agents of the National Old Age Insurance Fund had received instructions not to inform employees of their pension rights, particularly with regard to the safeguard clause. So be vigilant and check as soon as possible whether you can benefit from it.
