Prolongation d’activité des agents de catégorie active

FlickR - Business Man With No Where To Go - FabioMakesMistakesLes fonctionnaires appartenant à des corps ou cadres d’emplois dont la limite d’âge est inférieure à 65 ans peuvent, depuis le 1er janvier 2010, demander une prolongation d’activité jusqu’à cet âge. Applicable aux trois fonctions publiques, le décret n° 2009-1744 du 30 décembre 2009 permet ainsi l’entrée en vigueur de l’article 1-3 de la loi du 13 septembre 1984 relative à la limite d’âge dans la fonction publique, créé par l’article 93 de la loi de financement de la sécurité sociale pour 2008.

La prolongation d’activité doit être demandée par le fonctionnaire six mois avant la survenance de la limite d’âge. La demande est accompagnée d’un certificat établi par un médecin agréé attestant l’aptitude physique de l’intéressé. L’employeur doit se prononcer au moins trois mois avant la survenance de la limite d’âge, son silence valant décision implicite d’acceptation.

Au cours de la prolongation d’activité, le fonctionnaire peut, à tout moment, demander, à être admis à la retraite avant l’âge de 65 ans en informant l’administration au moins six mois à l’avance. L’employeur public, lui, ne peut mettre fin à la prolongation que si l’inaptitude physique de l’agent est médicalement constatée.

Les fonctionnaires qui doivent atteindre la limite d’âge avant le 1er juillet 2010 doivent présenter leur demande de prolongation d’activité d’ici le 1er mars.

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