Territorial agents get compulsory 90% prévoyance cover from 2029

Local public employers face a fully rewritten prévoyance regime. Décret n° 2026-986 du 23 octobre 2026Legifrance on compulsory collective coverLegifrance and décret n° 2026-987 du 23 octobre 2026Legifrance on minimum guaranteesLegifrance move territorial agents' incapacity, invalidity, inaptitude and death cover from optional employer-supported insuranceLegifrance to a compulsory collective contractLegifrance, subject to limited exemptionsLegifrance, financed at least half by the employerLegifrance and applicable from 1 January 2029LegifranceLegifrance. The old optional framework is dismantled in parallel: décret 2011-1474 is narrowed to the santé risk with its prévoyance solidarity chapter abrogated, and Chapter I of décret 2022-581 on prévoyance cover is abrogated.

The compulsory contract covers agents employed and paid by a collectivité or établissement publicLegifrance, subject to the exemptions below: territorial fonctionnaires including stagiaires, public-law contract staff including assistants maternels and familiaux and apprentis, and staff under article L. 5134-100 of the labour code. Three exits exist: contracts under six months, an existing individual policy covering at least incapacity and invalidity (until it expires, capped at twelve months), and part-time or apprentice staff whose contribution would reach 10% of gross payLegifrance; multi-employer staff can be exempted by local collective agreement against annual written proof of individual cover. A dispensed agent can rejoin at any time, and incapacity beginning during the contract triggers benefit rights that survive termination, non-renewal or the agent's departure.

Employers buy the cover through six-year procurement contractsLegifrance, extendable once by a year in the general interest, awarded on price-quality ratio, financial control, solidarity principles, claims management and prevention activity. Insurers report yearly on contributions, benefits paid, technical provisions and the loss ratio; tariffs can overshoot the contract by at most 15% and only on a significant change in claims, headcount, demographics or regulation, with six months' notice. The contribution rate is identical for all members as a percentage of payLegifrance, with no age or health ratingLegifrance, and employer funding covers at least half the contributionLegifrance, topping up beyond half for social reasons or by pay scale up to the full amount.

The minimum benefits are set at 90% of net payLegifrance including traitement indiciaire, nouvelle bonification indiciaire and régime indemnitaire. For CNRACL fonctionnaires, daily top-ups bridge the gap between the employer's statutory half-pay and 90% of netLegifrance until leave rights run out, including during forced availability or half-pay pending a medical board opinion. General-regime agents get the same 90% net of employer payments and social-security daily allowancesLegifrance, with contract staff lacking sick-leave rights guaranteed 90% of the net income they would have earned while workingLegifrance. Invalidity pensions pay 90% of net from 50% invalidityLegifrance (proportionally below), revalued each 1 July on the indice 100 majoré, capped so that all benefits combined never exceed 90% of the reference netLegifrance.

Collectivités with no participation convention in progress apply the decrees from 1 January 2029Legifrance; the others switch when their current convention ends, or on 1 January 2029 if it runs longerLegifrance. Employers already funding cover lawfully need not deliberate again, agents on sick leave when the collective contract starts keep reimbursement of part of their old labelled individual contributions paid monthly, and a new review debate on the minimum guarantees is scheduled in the Conseil supérieur de la fonction publique territorialeLegifrance by 1 January 2032Legifrance. The reform rests on décrets n° 2026-986 and n° 2026-987Legifrance of 23 October 2026Legifrance, taken under articles L. 827-6 and L. 827-11 of the code général de la fonction publique, amending décrets 2011-1474 and 2022-581.