Territorial agents get compulsory provident cover by 2029

Territorial employers must put a compulsory collective provident contract in placeService Public for their agents by 1 January 2029Service Public. Two decrees published au Journal officiel du 24 octobre 2026Service Public define the compulsory collective contract setup, the exemption cases and the minimum guarantees: Décret n° 2026-986 du 23 octobre 2026 governs the collective contract, its membership and its fundingLegifrance, while Décret n° 2026-987 du 23 octobre 2026 fixes the minimum guaranteesLegifrance. The reform implements Loi n° 2025-1251 du 22 décembre 2025 and follows from the accord collectif national concluded in the fonction publique territoriale.

The contract covers incapacité de travail, invalidité, inaptitude and décèsService Public, and membership is compulsory except in the cases the decree providesService Public. The covered active beneficiaries are the fonctionnaires territoriaux including trainees, the agents contractuels de droit public including assistants maternels and assistants familiaux, and apprentices, in each case employed and paid by one of those employersLegifrance.

An agent stays out only on three grounds: a contract of less than six months; an individual contract already covering at least the incapacity and invalidity risks when the first collective contract takes effect or at hiring if later, with the exemption running to that contract's expiry and no longer than twelve months; or part-time or apprentice status where joining would cost at least 10 % of gross payLegifrance. A local collective agreement may add a case for agents paid by several territorial employers at once, against yearly written proof of individual cover. The employer informs agents of these exemptions, and an exempted agent may give up the exemption and join at any time.

For temporary incapacity, the minimum is daily allowances topping pay up to 90 % of net remunerationLegifrance, covering traitement indiciaire, nouvelle bonification indiciaire and régime indemnitaire, net of the employer's statutory payments and, for general-scheme agents, of daily social-security benefits, from the move to half pay until leave rights run out, with repayment if full pay is retroactively restored. For invalidity retirement before the statutory age, the floor is a pension of 90 % of that net pay for a disability rate of at least 50 %Legifrance, scaled by M = R × I / 50 % below 50 %, revalued each 1 July and capped so that pension plus any other benefit never exceeds 90 % of the reference net pay.

The contribution or premium rate is the same for all active beneficiariesLegifrance, expressed as a percentage of pay, and may not depend on age or health. The incapacity starting a health leave during the contract's life triggers the benefit right, and later termination of the market or of the individual's membership does not affect payment. The employer share comes off the contribution due by the beneficiaries; where several territorial employers pay one agent, each share follows working time. The share is at least 15 € a monthService Public and may be raised above half the contribution on social grounds or by reference to pay.

Both decrees apply from 1 January 2029 where no participation convention is running at publication, and at the running convention's expiry otherwiseLegifrance. An agent on health leave when the collective contract takes effect, holding a labelled individual contract, joins only after thirty consecutive days back at work, keeping equivalent employer funding meanwhile. Insurers may not refuse cover for pathological conditions predating membership when the compulsory collective contract is signedLegifrance.

Legal basis: Loi n° 2025-1251 du 22 décembre 2025; Décret n° 2026-986 du 23 octobre 2026; Décret n° 2026-987 du 23 octobre 2026.