© - ATH all rights reserved - Edition 2024 77 2024 EMPLOYER’S GUIDE RESUMPTION OF A PAID ACTIVITY : FORMALITIES TO BE COMPLETED Within a month after the date of resuming work, the beneficiary must provide the following to pension providers : • A declaration certifying that he/ she has started drawing all of his/her retirement pensions, • Indicate the date of resumption of work as well as the name and address of the new employer, the amount and type of income received. A new employment contract must be signed. All social security contributions are due on the salary for the paid work that has been resumed. Ask us about the documents to be provided to the pension providers. RULES OF COMBINATION FOR NONSALARIED EMPLOYEES IF THE CONDITIONS ARE NOT MET (SEE § 1) In this case, combining employment and pension is possible under the following conditions : • The continuation or resumption of work must not provide earnings exceeding half the annual social security limit otherwise the basic pension is reduced, • For freelance work, continuing or resuming work is possible if the income made from this activity is less than the annual Social Security limit. The work resumed can be carried out in the previous company. Resuming or continuing work must be declared to the pension providers within a period of one month. PHASED RETIREMENT When an employee reaches the statutory retirement age less 2 years and provides proof of 150 quarters of pension contributions, he/she can draw a provisional pension while continuing parttime work. The amount of the phased pension varies according to the extent of the part-time work, which must be between 40 % and 80 % of fulltime working hours. The employee continues to improve his/her final pension entitlement since he/she is making contributions for his/her paid work. He/she has the option to make pension contributions on a fulltime equivalent basis. The progressive pension is available to insured persons covered by the general scheme for salaried employees (including employees under a fixed working days contract and corporate officers), agricultural employees, and non-salaried in the industrial, commercial, craft, liberal and agricultural professions. Ask us about the methods of implementing this system. Since 1 September 2023, the employer must justify its refusal to allow the employee to switch to part-time work in the scope of phased retirement, by the incompatibility of the working time requested by the employee with the company’s economic activities. The employer’s failure to reply within 2 months to the employee’s request constitutes acceptance.
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