Retirement : how to challenge the amount of his pension

Even if it is calculated, in principle, with accuracy, a retirement pension may be under-assessed. It is best to have it corrected soon...

Before becoming "officially" retired, each senior receives what is called a "notification of retirement" or "pension" for the officials. This document, important, indicative, among other things, the monthly amount that is assigned to you. It appears from the evidence of your professional career (salary subject to contributions, quarters validated or assigned...) and some personal items that each plan had knowledge. Having had three children, for instance, opens up right to a supplementary pension of 10% to both the general plan and the supplemental pension plan Agirc-Arrco. 666 423 new pensioners have asked their pension from the general scheme in 2018.

In the vast majority of cases, this calculation reflects perfectly your rights. Marginally, however, it may be inaccurate and deprive you of a certain part of your pension, after a mistake from your fund, the lack of supporting documentation that you have requested and that you have not provided or pre-checks that you did not do...

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More commonly, it may happen that you find new elements of career (pay slips, certificates of payment of sickness benefits per diem and / or compensation to former times of unemployment compensation...) may change the amount of your pension, and which are not taken into account. Therefore, it is necessary to react quickly and well.

Disputing your first notification

For the basic plan, from the date indicated on your notification of retirement, you have two months to express your disagreement : don't let it pass this time, because it is easier to act at this stage than later. Send a registered mail with advice of receipt preference, to the board of appeals amiable (CRA), whose address is mentioned on the notification of decision, with the new items you have. But be careful, "meet old pay slips seems to be consistently favourable, but this is not always the case. This can lead to a downward correction of the average annual wage, and therefore a decrease in the amount of the pension..." warns Christine Cambus, director legal and regulatory of national Pension Insurance.

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Be patient: no processing time is imposed by the regulations of the general system or by that of the Agirc-Arrco. In the absence of a response after two or three months, raise all of your pension fund. In the best case, if your request for reconsideration is taken into account, either to the general plan or the supplemental plan, you will receive a new notification of retirement and will receive, immediately, a pension theoretically higher.

then Contact the court

If your revision request does not succeed or is refused, the result of the procedure depends on each plan. For the general regime, if the commission of amicable recourse has dismissed or ignored your request within the time limit of two months prescribed by the regulations, you can enter the tribunal de grande instance (TGI) of your domicile, the competent since the 1st January last in the field of social Security. Its address is indicated on the notification that you are disputing.

Drop your query to the registry or send it by registered mail with advice of receipt. You will be summoned before the judge and at the hearing, can make you a lawyer.

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For your additional pension, you can enter the service arbitration of the federation Agirc-Arrco. If you still don't win, you can, also bring the case before the TGI.

in one case as In the other, and provided that the game worth the candle, the judicial procedure can continue in the court of appeal and then to the supreme court.

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If your revision request is accepted, a new notification of retirement you will be sent and you will receive, if applicable, one-time only, the amounts that would have had to be paid to you during the previous five years for the general scheme. For the Agirc-Arrco, "the reminder is paid from the date of payment of your first pension, but only if the application for review is made within six months or if the mistake was made by your supplementary pension fund," says Didier Pensec, head of Unit at the federation Agirc-Arrco.