Start and eligibility criteria

Eligibility criteria

The award of an invalidity pension is subject to the following conditions.

• The insured person must be disabled within the meaning of the law:

An insured person is considered to be disabled if, as a result of prolonged illness, infirmity or wear and tear, they have suffered a loss of work capacity such that they are unable to continue practicing their last profession or another occupation corresponding to their strengths and aptitudes.

• The insured person must give up any professional activity covered by the insurance:

This is considered to be any professional activity earning on average more than one third of the minimum social wage.

• The insured person must not have reached the age of 65.
• The qualification period must be completed:

The qualification period is fulfilled if the insured person has completed at least one 12-month period of compulsory, continued or optional insurance during the 3 years prior to the date of recognised invalidity or the expiry of sickness benefits. This reference period of 3 years is extended insofar as it overlaps with additional periods or periods when the insured person received the guaranteed minimum income.

However, it should be noted that this qualification period is not required when the invalidity is due to an accident of any kind or a recognised occupational disease that occurred during enrolment.

In terms of insurance periods, a distinction is made between compulsory insurance periods, continued insurance periods, optional insurance periods, retroactive purchase periods and additional periods. The various periods are listed in the insurance record.

Start and withdrawal

Temporary invalidity pension

Where the invalidity is only temporary, the pension takes effect upon expiry of the entitlement to sickness benefits or, in the absence of such entitlement, upon expiry of an uninterrupted period of invalidity of six months.

Permanent invalidity pension

In the event of permanent invalidity, the invalidity pension runs from the first day on which the invalidity is established, but at the earliest from the day on which the qualifying condition is met.

In the event of legal or contractual retention of the remuneration for the employed activity carried out prior to the invalidity, the pension will only run from the date on which the remuneration ceases.

If the invalidity is mainly due to an accident at work or an occupational disease, the invalidity pension only takes effect from the date of consolidation.

Consolidation is understood to mean the moment when, following the period of treatment, the injury stabilises and becomes permanent, such that treatment is in principle no longer necessary except to avoid aggravation, and it is possible to assess a certain degree of permanent invalidity resulting from the accident, subject to possible relapses and revisions.

The invalidity pension is not paid to the insured person as long as they are in receipt of sickness benefits.

General provisions concerning the start of the invalidity pension

The invalidity pension will not be awarded for a period more than one year prior to submission of the application.

If the date on which the invalidity began cannot be established, the pension runs from the day on which the application is submitted.

Withdrawal of an invalidity pension

The invalidity pension is withdrawn if the beneficiary no longer meets the conditions for invalidity.

In two cases, the invalidity pension may be withdrawn:

• if the medical conditions for invalidity are no longer met;
• if the beneficiary has a professional activity providing an income exceeding one third of the minimum social wage

The invalidity pension is not payable if the insured person caused the invalidity, either intentionally or by committing a crime. However, for the duration of the insured person's occupational invalidity, their spouse or partner and children may claim a pension equivalent to the survival pension to which they would have been entitled in the event of the insured person's death, provided that they are resident in Luxembourg and that they have been supported mainly by the insured person's income.

Conversion of the invalidity pension into an old-age pension

At the age of 65, the invalidity pension is automatically converted into an old-age pension.

This conversion is simply a change in the name of the pension and therefore does not trigger a new calculation.