Retirement means the possibility given to the employer to terminate the employment contract of an employee who has reached the age mentioned in 1° of article L. 351-8 of the Social Security Code , subject to the seventh to ninth paragraphs :
A lower age may be set, within the limit of that provided for in the first paragraph of article L. 351-1 of the Social Security Code, if the employee is entitled to a full-rate old-age pension within the meaning of the Social Security Code:
1° Within the framework of an agreement or a collective agreement concluded before 1 January 2008 setting out compensatory measures in terms of employment or vocational training;
2° For beneficiaries of an early retirement scheme that took effect before 1 January 2010 and was implemented under a professional agreement referred to in Article L. 5123-6 ;
3° Under a progressive early retirement agreement entered into prior to 1st January 2005;
4° As part of any other early retirement benefit defined prior to the date of publication of law no. 2003-775 of 21 August 2003 on pension reform and having taken effect prior to 1 January 2010.
Before the date on which the employee reaches the age set out in 1° of article L. 351-8 of the Social Security Code and within a period set by decree, the employer will ask the employee in writing about his intention to leave the company voluntarily in order to benefit from an old-age pension.
In the event of a negative response from the employee within a period set by decree or in the event of failure to comply with the obligation mentioned in the previous paragraph, the employer may not make use of the option mentioned in the first paragraph during the year following the date on which the employee reaches the age set in 1° of article L. 351-8 of the Social Security Code.
The same procedure applies each year until the employee’s sixty-ninth birthday.