If you find yourself at the end of a career as a result of a breach of contract or dismissal, you will be compensated by Pôle emploi. Aujourd’hui comme hier, the maximum duration of unemployment benefits for the unemployed over 55 years of age on the date of termination of the employment contract remains fixed at 36 months, or 3 years.
If, at the age of 62, you are still unemployed but have the insurance period required to obtain your full-rate pension, Pôle emploi will stop paying you your unemployment benefits even if you have not consumed all “your” rights. Your retirement benefits will take over from your unemployment benefits, provided you have applied in time.
Conversely, if at age 62 you do not have the required term of insurance to qualify for a full-rate pension, Pôle emploi will continue to indemnify you, even if you have exhausted your 36 months of compensation, until at this time you have the number of quarters required to be entitled to a full rate pension, or failing that up to the age of 67. This so-called “maintenance of rights” rule is not called into question by the recent reform of unemployment insurance.
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Consequence: if you are in conventional retirement from the age of 59, you can be compensated through Pôle emploi until you are in a number of quarters necessary to obtain the full rate withdrawal. Or failing that up to 67 years at the latest. Either for a period of up to 8 years (from 59 to 67 years), during which you will continue to accumulate quarters and points for your retirement, calculated on the basis of your last salary and not on the amount of your allowances. Unemployment… The icing on the cake: As you are over 57 years old, you are not affected by the degressivity of unemployment benefits. The rules for benefiting from the maintenance of the right are unchanged: you must be at least 62 years old, have been compensated through the Pôle emploi for at least one year, have been affiliated to unemployment insurance for 12 years, including one continuous year or two discontinuous years in the Last 5 years, and have validated at least 100 quarters for retirement.
But it is not necessary to be compensated for one to 62 years. An October 2021 Unédic circular states that the decision to “maintain rights” will be assessed on the day the conditions are met. In other words, if you find yourself unemployed at the age of 61 and a half, you will be able to benefit from this device even if you have only been compensated for 6 months, because in this case, your situation will be examined at the age of 62 and a half. 62 years old. “On the other hand, this device only applies if you reach the age of 62 with rights from a first break. A person dismissed at the age of 58, who resumes a mission for 6 months at the age of 58 and a half, and who has exhausted his initial rights at the age of 61 and a half cannot benefit from this device. Even though she is compensated at the age of 62 thanks to surcharges for her 6-month mission. She should have passed the age of 62, still receiving days of compensation for the 1st termination of her employment contract to continue to be taken care of by Pôle Emploi until the full rate” Philippe Caré, founder of Perasma, a firm specializing in the transition to employment and retirement, explained.
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