Introduced in 1999, the asbestos allowance allows employees exposed to asbestos to stop working before retirement age and receive an income. Calculation and conditions for obtaining it.
If it has been established that you have been exposed to asbestos during your professional activity, you can claim, under certain conditions, the benefit of theAsbestos Workers’ Early Termination Allowance (ATA). Who can benefit ? Until what age can we benefit from it? 2023 amounts and conditionswe take stock.
Definition: what is the asbestos allowance?
The asbestos allowance is une early retirement allowance. It allows, under certain conditions, employees exposed to asbestos to stop working before retirement age and to receive an income until the date of the opening of the full rate rights of the general scheme.
Who can benefit from the asbestos allowance?
The asbestos allowance is intended:
- Employees and former employees recognized as suffering from an occupational disease caused by asbestos
- To employees and former employees working in establishments manufacturing materials containing asbestos, in asbestos flocking and thermal insulation, shipbuilding and ship repair companies who have exercised certain trades
- Dockworkers and port personnel providing handling in certain ports during the period when asbestos was handled there.
The list of trades and ports is established by interministerial decrees. It is available on the Cramif website
What are the conditions for benefiting from the asbestos allowance?
For everyone :
- Have ceased all professional activity
- Have waived the benefit of any replacement income (unemployment benefit, daily sickness allowance, etc.)
- For people recognized as suffering from a disease caused by asbestos:
- Be at least 50 years old
For other employees:
- Have worked in certain establishments, ports or shipyards identified by ministerial decrees or, for employees of shipbuilding and repair establishments, have exercised a profession determined by ministerial decrees
- Be aged 60 minus one third of the duration of the work performed in the establishments and ports concerned, and without this age being less than 50 years. In other words, if you have worked for 15 years in contact with asbestos in an establishment giving right to the allowance, you can take early retirement from: 60 years old – (15/3) = 55 years old.
Until what age can one receive the asbestos allowance?
The allowance ends when the person fulfills the conditions to benefit from a retirement pension at the full rate.
The amount is calculated on the average gross salary for the last 12 months of activity. There is no fixed minimum. It is equal to:
→ 65% of reference salarywithin the limit of the Social Security ceiling;
→ 50% of this salary for the fraction between one and two times this ceiling.
What is the amount of the asbestos allowance in 2023?
The allowance is based on the basis of a monthly reference salary calculated on the basis of the monthly average gross wages for your last 12 full months of activity (excluding imposed part-time, unemployment, etc.). The amount paid based on the reference salary is calculated as follows:
→ If the monthly reference salary is less than €3,666the amount paid is 65% of the reference salary
→ If the monthly reference salary is greater than €3,666, the amount allocated is equal to €2,382.90 + 50% of the fraction of your reference salary between €3,666 and €7,332. The fraction of your reference salary greater than €7,332 is not taken into account.
→ The minimum monthly gross amount can not not be less than €1,187.35 within the limit of 85% of the reference salary.
Can it be combined with other allowances?
Asbestos allowance cannot be combined with other pre-retirement or early retirement allowances, unemployment benefits or a retirement pension (except special scheme). She is on the other hand possible with an accident at work or occupational disease pension. Finally, a differential allowance may be paid in addition to a retirement pension paid by a special scheme, an invalidity or survivor’s pension, within the limit of the amount of the asbestos allowance.
Once your complete file has been sent, the organization has two months to speak out.
You must address your request to your pension and occupational health insurance fund (Carsat), to Cramif or, in the overseas departments, to the General Social Security Fund. You receive a form to fill out as well as the list of documents to be provided. Once your complete file has been sent, the organization has two months to speak out. In the positive case, it makes an estimate of the gross monthly amount that you are likely to receive. You are then free to accept or not. The allowance takes effect on the 1st day of the month following receipt of the file.
Can we collect it on retirement?
When your age entitles you to full pension rights, the payment of the asbestos allowance stops.
Sources:
– CRAMIF website
– Health Insurance website