Partial pension in the event of loss of income due to the after-effects of an accident or occupational illness occurring on or after 1 January 2011
Last update
Insured persons who have suffered an accident at work, a commuting accident or an occupational illness may apply to the Accident Insurance Association (Association d’assurance accident - AAA) for a partial pension to compensate for their loss of income, if they have suffered permanent after-effects preventing them from returning to work, or allowing them to return only on a part-time basis or at a reduced rate of pay, as a result of an accident at work, a commuting accident or an occupational illness.
Who is concerned
In case of a permanent reduction in working capacity following an accident at work, a commuting accident or an occupational disease and resulting in a partial loss of income, the following persons may request a partial pension:
- employees (private and public sector) insured in Luxembourg, be they residents or cross-border employees, whether or not they are nationals of the European Union;
- self-employed (non-salaried) workers;
- insured individuals registered as jobseekers with the National Employment Agency (ADEM) or a foreign body;
- children, schoolchildren, secondary school students and university students, subject to certain conditions.
Prerequisites
As an insured person, you can claim a partial pension before the age of 65 if you suffer a partial loss of income as a result of an accident or an occupational disease.
The partial pension can only be determined in the event of resumption of a professional activity. You are therefore not entitled to a partial pension if you give up all work following the accident for personal reasons.
In order to be eligible for the permanent partial pension, you must demonstrate that you are suffering from minimum 10 % permanent partial disability at the time of the application - i.e. after the consolidation of the after effects.
You must also provide evidence of a loss of income of at least 10 % after returning to work.
Preliminary steps
The work, commuting or school accident, or the occupational disease must have been declared beforehand.
Deadlines
You must submit your application for the partial pension to the AAA within less than 3 years from the consolidation of your condition or professional redeployment.
After this 3-year period has elapsed, the application is only admissible if you:
- prove that the impact of the accident on your ability to work could only be established at a later date;
- found yourself physically unable to submit your application.
How to proceed
Application for and specific features of the partial pension
Please send your application for a partial pension to the AAA by post. The AAA will check whether the eligibility criteria have been met and send you a form which you must complete, sign and return to the AAA.
The loss of income must be in connection with your permanent partial incapacity.
The occupational health practitioner or the Social Security Medical Board (Contrôle médical de la sécurité sociale - CMSS) must determine that you are unable to:
- carry out your last job; or
- maintain your last work regime mainly because of the consequences of the accident at work or the occupational disease.
Calculation of the pension
The partial pension is calculated in different ways depending on your status at the time of the accident:
If you are an employee, the partial pension is the difference between:
- your taxable income during the 12 months immediately preceding the accident; and
- the salary that you receive as a result of the consolidation or professional retraining evaluated over a 12-month reference period.
If you are self-employed, the partial pension is the difference between:
- the average annual professional income you earned in the 36 months preceding the accident;
- the professional income you earned during the 12 months following consolidation or professional retraining.
For children, schoolchildren, pupils or students, the partial pension is calculated as the assessed degree of permanent incapacity multiplied by the minimum social wage plus 20 %.
Payment of partial pension
The AAA grants the pension no earlier than one year after you return to work. In the meantime, you may, subject to certain conditions, apply to the ADEM for a compensatory allowance.
If you are entitled to a partial pension, payment will initially be made to the Employment Fund (Fonds pour l’emploi) as compensation, up to the amount of the compensatory allowance that was unduly advanced.
Thus, there is no disadvantage to waiting for the health condition to stabilise after the accident and the return to work before submitting the request, provided the 3-year deadline is respected.
The definitive pension annuity is paid monthly, in advance.
When a pension takes effect after the first of the month, the monthly payment is paid proportionally as of that date.
The pension is adjusted to the cost of living index value according to the terms applicable to civil servants' salaries and pensions.
The pension is subject to social security and tax contributions, but exempt from contributions for benefits, contributions for accident insurance and family allowances.
These pension payments stop when the beneficiary turns 65 or in the event that an early retirement pension is granted. In this case, the insured party still receives the full monthly payment of the pension for the month in which it is cancelled.
Revision of the pension
The amount of your pension is subject to automatic review if you suffer a significant loss of income within 3 years of your pension being set, compared with your circumstances as assessed at the time the pension was awarded.
Please note that you may also submit a request for a review on your own initiative.
You may request a change to the amount of your pension after 3 years, provided that:
- your state of health has declined;
- the new rate of incapacity for work is at least 10 % higher than previously;
- the new rate of incapacity for work leads to a greater loss of income.
Appeals
There are several ways in which you can seek redress to assert your rights.
Online services and forms
Who to contact
-
Accident Insurance Association (AAA)
- Address:
-
4, rue Mercier
L-2144
Luxembourg
Luxembourg
L-2976 Luxembourg
- Phone:
- (+352) 26 19 15 1
- Website:
- http://www.aaa.lu
Desk opening hours (with or without booking an appointment via MyGuichet.lu):
Open ⋅ Closes at 12.00
- Tuesday:
- 8.00 to 12.00
- Wednesday:
- 8.00 to 12.00
- Thursday:
- 8.00 to 12.00
- Friday:
- 8.00 to 12.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.00 to 12.00
-
Accident Insurance Association (AAA)
Benefits department
- Address:
- Phone:
- (+352) 261915 2000
- Fax:
- (+352) 49 53 35
- Email address:
- prestations.aaa@secu.lu
Heures de bureau :
Closed ⋅ Opens at 9.00
- Tuesday:
- 9.00 to 11.30, 13.30 to 16.00
- Wednesday:
- 9.00 to 11.30, 13.30 to 16.00
- Thursday:
- 9.00 to 11.30, 13.30 to 16.00
- Friday:
- 9.00 to 11.30, 13.30 to 16.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 9.00 to 11.30, 13.30 to 16.00
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