The Evin Law, adopted in 1989, plays a key role in protecting former employees by allowing them to retain their health insurance after leaving the company. It also regulates the conditions for maintaining coverage and limits the increase in premiums applied to retirees. Whether you are an employee, about to retire, or unemployed, it is essential to understand how this system works, what your rights are, and what steps to take to continue benefiting from suitable supplemental health insurance.In this article, we will examine: The fundamental principles of the Evin Law and its objectives. The mechanisms for portability and maintaining coverage after a contract termination. The obligations of employers and the impact on employees. Steps to take out an individual contract and compare health insurance offers. 1. The Evin Law: definition and objectives
The Evin Law allows employees and retirees to keep their health insurance after leaving their company. 1.1 What is the Evin Law? Adopted in 1989, the Evin Law governs the rules for health insurance and personal risk insurance contracts in France. Its main objective is to guarantee access to supplementary health insurance for employees leaving their company, particularly in the event of retirement or contract termination. It notably requires insurers and mutual insurance companies to offer continued coverage to former employees, with strict controls on premium increases. 1.2 Why is this law essential? Without this regulation, former employees would have had to take out individual health insurance, often much more expensive. Thanks to the Evin Law, they can continue to benefit from their former company’s group health coverage, with a limited increase in premiums over the years. The main objectives of this law are: To facilitate the continuation of coverage After leaving the company.
- Limit the increase in contributions for former employees.
- Ensure continuity of health coverage for retirees and unemployed individuals. 2. Maintaining health coverage after leaving the company
- 2.1 Portability of rights for employees When an employee leaves their company, they can maintain their health insurance through theportability system.
- This right is provided for by the ANI (National Interprofessional Agreement)and allows former
employees
coverage
under certain conditions. To be eligible for portability of their supplementary health insurance, the employee must:Have left the company following a termination of the employment contract (dismissal, end of a fixed-term contract, negotiated termination, etc., except in cases of gross misconduct). To be covered by unemployment insurance. To have benefited from the group health insurance plan while employed by the company. The duration of continued coverage is equal to the duration of the last employment contract (in months), with a limit of 12 months. During this period, the former employee pays no premiums, as these are covered by the overall financing of the contract.
2.2 Continued Coverage for Retirees Unlike portability, retirees do not receive free health insurance, but the Evin Law allows them to maintain the same health coverage as when they were employed. Conditions for continued coverage: Submit a request to continue coverage to the insurer within 6 months of the end of the employment contract. Being enrolled in the company health insurance plan before retirement. Regarding contributions, the law imposes strict regulations: No price increase in the first year. An increase limited to 25% in the second year.
An increase capped at 50% in the third year.
Once this period has passed, the former employee switches to a different plan. individual , withgenerally higher rates. 3. Impact on companies and employees 3.1 Employer obligations Companies have specific responsibilities regarding the health insurance
of their
- employees. They must not only offer group
- supplementary health insurance, but also inform employees about their
- rights in the event of departure. The main obligations of the employerinclude:
Subscribing to a
group health insurance plan
with minimum coverage. Covering at least 50% of the health insurance premiumsforactive employees. Informing employees about the portability and maintenance of coverage after
dismissal or retirement.
- In case of non-compliance with these obligations, the company may be held liable and penalized. 3.2 Advantages and Limitations for Employees
- TheEvin Lawoffers several advantages to
- employees and former employees , but it also has some limitations. Advantages:
Maintenance of health coverage after leaving the company .Regulatedrates for retireesand former
employees
. Easy access tosupplementary insurance without having to complete a medical questionnaire. Limitations: Portability is limited to a maximum of 12 months. Premiumsincrease gradually after the end of the contract.
After three years, retirees must take out an
- individual contract at market rates.It is therefore crucial for employees to carefully plan their transition to avoid a sudden increase in their premiums
- or a loss of coverage. 4. Steps to Maintain Health Insurance Coverage4.1 Conditions and Formalities
To maintain coverage under the Evin Law, former employees must take certain steps with their insurer or health insurance provider. The essential steps:
- Send a written request to maintain supplemental health insurance within 6 months of the end of the employment contract. Provide the required supporting documents (contract termination certificate, retirement or unemployment insurance notification). Accept the new premiums set by the insurer in accordance with the progressive increase rules. 4.2 Compare offers and request a quote
- In some cases, it may be more advantageous to take out an individual health insurance policy rather than keeping the company health insurance plan. It is therefore advisable to compare offers before committing. Criteria to consider: The rates charged after the maintenance period.The level of coverage and the included benefits.
- Specific needs related to age and health. It is recommended to use an online comparison tool or request a quote from several providers to find the most suitable solution. The Evin Law is an essential provision for employees leaving their company, as it allows them to keep their health insurance with the same coverage and regulated rates. However, premiums gradually increase, and it is sometimes more advantageous to opt for an individual policy. To benefit from the best conditions, it is crucial to plan ahead and compare the offers available on the market. Don’t hesitate to seek advice and request several quotes before making a decision.
