The PER obligatoire d'entreprise, which replaced the old contracts known as "Article 83", is a different animal from the PER individuel covered in our dedicated article: you have no choice about joining it if your employer has set it up and you fall into the eligible category of staff. What you do control is what you decide to add to it voluntarily — and that's where the real thinking happens.
PER individuel or PER obligatoire: what's the difference?
The mandatory employer PER applies to employees designated by objective criteria (job category, seniority, level of responsibility). If you fall into that category, membership is compulsory — though the company itself remains free to set up the scheme or not. It's funded from three sources: mandatory employer contributions, mandatory (and sometimes voluntary) employee contributions, and, optionally, sums from profit-sharing, participation or a time-savings account.
Fundamentally, the PERO shares the same broad features as the PER individuel described in our full PER analysis: a tax advantage at entry, exit as capital or annuity, exit taxation, and lock-in until retirement. There's an important nuance on that entry tax advantage, though — we come back to it just below. What changes above all is that you have no choice about joining, and you have no choice of funds.
Advantage: an automatic top-up — but not for all the money going in
Money can reach a PERO from three sources, and they are not at all the same:
Mandatory contributions from the employer (and, depending on the agreement, from the employee) are paid in automatically, without asking your opinion. There's no arbitrage to make here — unlike the PER individuel, where the question "should I contribute or not?" genuinely depends on your marginal tax rate (TMI) and time horizon, this share costs you nothing to accept, since it doesn't displace any other option you'd otherwise have in cash. It simply adds to your overall pay package, much like an employer's matching contribution on a PEE.
Profit-sharing (intéressement) and participation, by contrast, are not paid automatically into the PERO: you are asked, and it's you who decides to place them there rather than take them as cash or pay them into a PEE. We cover when that choice makes sense further below.
Your voluntary top-up payments, finally, come out of your own pocket, from money that has already been taxed as income — this is by no means an automatic top-up, and the decision to make them deserves the same thought as a payment into a PER individuel.
On the tax side, only the genuinely automatic share — the mandatory contributions — isn't technically "deducted": it's exempt from income tax at source (employer and employee) — it never enters your taxable income in the first place — within a limit of 8% of your gross annual pay (capped at 8 times the annual social security ceiling, the PASS). That's a different mechanism from the deduction-from-total-income used for the PER individuel, but the net effect for you is comparable: this money isn't taxed going in. Your voluntary top-up payments into the PERO follow the same deduction rules as the PER individuel, sharing the same overall ceiling.
Only the mandatory share (employer, and employee where applicable) is a pure automatic top-up. Profit-sharing, participation and your voluntary payments remain, each, a decision to make.
Drawback: less investment freedom
The trade-off for that simplicity is having no say over the funds. A PER individuel is something you choose — you compare contracts, management fees, the fund range, and you can move to a lower-cost online contract if yours is too expensive. The mandatory employer PER, by contrast, is the contract your employer negotiated with its insurer: you inherit its fund range, its fees, and often a default "managed" (piloted) allocation. You can't switch insurer, and you can't transfer to a cheaper contract while you remain employed there.
| Criterion | PER individuel | Mandatory employer PER |
|---|---|---|
| Membership | Optional, at your own initiative | Compulsory if you're in the eligible category |
| Choice of provider | Free | Set by the employer |
| Choice of funds | Free (self-directed option available) | Limited to the range negotiated by the company |
| Funding | Your voluntary payments only | Mandatory employer + employee contributions, plus optional voluntary top-ups |
| Tax treatment at entry | Deducted from taxable income, within the retirement-savings ceiling | Mandatory contributions: exempt at source (separate 8%-of-pay ceiling) — not a deduction. Voluntary top-ups: deductible, same rules as the PER individuel |
| Lock-in | Until retirement (same early-release cases) | The same — the account stays open and locked even after changing employer (transfer possible) |
Which sums are genuinely worth adding voluntarily?
The real question isn't about the mandatory portion — you have no choice there — but about your voluntary top-ups. And the answer depends entirely on where the money comes from.
Profit-sharing (intéressement) and participation. If you receive intéressement or participation, you have a choice: take it immediately in cash (in which case it's taxed as income, barring an exemption), or place it into an employee savings plan — a PEE, a PERCO, or your mandatory employer PER. Placed into a plan, these sums escape income tax entirely. Only the CSG-CRDS social levies remain due, at a rate of 9.7% (9.2% CSG + 0.5% CRDS) — and that rate applies either way, whether you place the money or take it as cash. So it isn't a cost of choosing the PER route: it's a charge you pay regardless.
The real question, the only one that matters, is therefore: are you willing to lock this sum away until retirement? If so, placing your intéressement and participation into the PERO is nearly always worthwhile, since you avoid income tax at no extra social cost. If not — if you might need the money before retirement — the PEE is often the better choice: the same income-tax exemption, but only a five-year lock-in, with several early-release cases (see our article on the PEE).
Money that's already been taxed. For money you already hold — taxed salary, existing savings — the logic flips entirely. A voluntary payment into the PERO does give you an upfront tax deduction (just as a PER individuel would), but you inherit the same constraints as the mandatory share: imposed funds, the company contract's fees, and a lock-in until retirement. For this kind of money, a PEA or assurance-vie is often more sensible: complete freedom to choose your funds (including low-cost ETFs), and above all no lock-in — you keep control of your money.
A voluntary payment of money that's already been taxed has, by itself, no particular reason to go into a mandatory employer PER rather than a PER individuel, a PEA or an assurance-vie. What should guide the decision is your current marginal tax rate versus the one you expect in retirement, your need for liquidity, and the contract's fee level — not the mere existence of the PERO. See our full PER individuel analysis for the detailed tax arbitrage.
Independent advice, no commissions
This article is educational, not a personal recommendation. As a fee-only adviser, paro conseil analyses your situation and helps you choose the right tools — PER, assurance-vie, PEA — with complete independence. Get in touch to discuss your retirement strategy.
Frequently asked questions
What is the mandatory employer PER (PERO)?
The PER obligatoire d'entreprise (PERO), which replaced the old "Article 83" contracts, is a retirement savings plan set up by an employer for specific categories of staff defined by objective criteria. Unlike the PER individuel, membership is compulsory for eligible employees once the company has set up the scheme.
Is the mandatory employer PER as good as an individual PER?
Both offer a tax advantage at entry, but through different mechanisms: the PER individuel works by deducting contributions from taxable income, while the PERO's mandatory contributions (employer and employee) are simply exempt from tax at source, under a separate limit (8% of gross pay) — only voluntary top-ups into the PERO follow the same deduction rules as the PER individuel. The other difference is freedom: with a PER individuel you choose your own contract and funds; with the PERO you inherit whatever your employer negotiated, often at higher cost and with less choice.
Should you make voluntary top-up payments into a mandatory employer PER?
It depends on where the money comes from. For profit-sharing (intéressement) or participation, usually yes: you avoid income tax at no extra social cost, since the 9.7% social levies are due either way, provided you accept the lock-in until retirement. For money that has already been taxed, a PEA or assurance-vie is often preferable: free choice of funds and no lock-in.
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