The legal minimum retirement age is 65 years. In order to qualify for an old-age pension, at least 120 months of insurance are also required. If the person does not qualify for a pension at the age of 65, paid contributions are returned to him/her.
There is also an option for early pension, which can be awarded from the age of 57 or 60, depending of the length of insurance period (480 months of mandatory contributions to get early pension at 57 and 480 months of contributions including those periods considered as insurance months for early pension at 60).
Pension consists of two parts: a flat rate plus a proportional supplement. The final amount depends on the duration of insurance and on salary the contributions and it is adjusted according to the cost of living and wage developments.
sources: §182-285 of Social Security Code 1925, last amended in 2013
Pension de survivant à charge
The Law provides for survivors' benefit for surviving dependents (widow or widower, registered partner, orphan, divorced spouse, formerly registered partner). The qualifying conditions require that the deceased person must have been insured for at least 12 months in the three years before death. The surviving spouse must also be married to the deceased worker for at least one year before retirement. Pension is nevertheless due when there is a dependent child or the death was caused by an occupational accident or disease.
The surviving spouse is entitled to 100% of the flat-rate actual or hypothetical old-age pension amount of the insured person, plus 75% of the supplements. A surviving spouse loses entitlement to the benefit if he/she remarries or enters a new partnership: in this case the pension is terminated by a final lump-sum settlement.
Orphan’s pension consists of 33% of the flat-rate amount plus 25% of the supplements. Full orphans are entitled to double pension rate. Orphans’ pension is awarded till the age of 18 (or 27 if the child is still studying). The total pension cannot exceed the current or projected old age pension.
A lump sum funeral allowance is also provided.
All benefits are adjusted according to the cost of living and wage developments.
sources: §195-206 & 217-219 of Social Security Code 1925, last amended in 2013
To be entitled to invalidity benefit, the insured must be incapable of doing his/her job or another occupation available on the job market and have completed 12 months of insurance in the three years before disability began. The person must also have given up any professional activities.
If invalidity is due to an accident (whether or not at work), the invalidity benefit is provided even if the insured did not complete the 12-month insurance period required.
Invalidity benefit consists of a flat-rate amount and a proportional supplement. The flat-rate amount depends on the statutory reference amount and on the year in which pension entitlement begins; the proportional supplement depends on the earned income and on the year in which pension entitlement begins. In addition, a special flat-rate payment is added for each year left till the age of 65 and a special pro rata supplement is paid for the years till the age of 55.
Disability pension is adjusted according to the cost of living and wage developments.
When the insured reaches the age of 65, disability pension is replaced by old age pension.
sources: §186-194 of Social Security Code 1925, last amended in 2013
Réglementations de la sécurité sociale
Code du travail de 2006, modifié en dernier lieu en 2017 / Labour Code 2006, last amended in 2017
Code de la sécurité sociale 1925, modifié en dernier lieu en 2013 / Social Security Code 1925, last amended in 2016