The rights constituted in application of the provisions of this title are negotiable or payable on expiry of a period of five years from the first day of the sixth month following the financial year in respect of which the rights arose, unless the employee requests payment of all or part of the corresponding sums under conditions laid down by decree. The request may be made on the occasion of each payment made in respect of the distribution of the special profit-sharing reserve. However, a collective agreement which, pursuant to article L. 3324-2, establishes a profit-sharing scheme with a calculation basis different from that established in article L. 3324-1, may stipulate that all or part of the portion of the sums paid to employees in respect of profit-sharing in excess of the distribution of a special profit-sharing reserve calculated in accordance with the terms of Article L. 3324-1 may only be negotiated or demanded on expiry of a period of five years from the first day of the sixth month following the financial year in respect of which the rights arose.
When the sums have been allocated under the conditions provided for in article L. 3323-2, a decree of the Conseil d’Etat determines the conditions linked to the employee’s situation or plans, under which these rights may exceptionally be liquidated or transferred before the expiry of these periods.